Australia Convicts First Person for Performing Nazi Salute: Jacob Hersant Found Guilty

Melbourne, October 8, 2024—A 25-year-old man, Jacob Hersant, has become the first person convicted in the Australian state of Victoria for performing a Nazi salute, following a landmark court ruling on Tuesday.

Hersant was filmed by media cameras giving the salute and praising Adolf Hitler outside Victoria County Court on October 27, 2023, after appearing in court on an unrelated charge.

The incident took place just six days after the Victorian state government had made the Nazi salute illegal.

In response to the incident, Hersant’s defence argued that the gesture was not a Nazi salute and that the law banning it infringed on his implied freedom of political communication.

However, a Melbourne magistrate rejected these arguments and found Hersant guilty.

The conviction comes after the Federal Parliament passed legislation in December 2022, making it illegal nationwide to perform the Nazi salute in public or display Nazi hate symbols.

Hersant is scheduled to be sentenced on Wednesday, where he could face up to 12 months in prison and a fine.

Outside the court, Hersant indicated he may appeal the decision, though he did not fully acknowledge giving the salute during the incident. “I do give the Nazi salute and I am a Nazi,” he told reporters, adding, “I’ll still continue to give the salute, but hopefully police officers don’t see it.”

This case follows a similar incident in New South Wales, where three men were convicted in June of performing the Nazi salute during a soccer match in October 2022. They were each fined under the state’s ban on Nazi symbols and are currently appealing the ruling.

Dvir Abramovich, chair of the Anti-Defamation Commission and a prominent advocate against antisemitism, hailed the conviction as a significant victory.

“This is a historic and thundering day for justice and decency,” Abramovich said.

Hersant’s sentencing is expected to set a precedent for future cases involving the use of Nazi symbols and gestures in Australia.