No, anti-Islamophobia envoy can’t ‘prosecute’ people for insulting Islam

What was claimed

The new anti-Islamophobia envoy can prosecute anyone who insults Islam on social media.

Our verdict

False. The role doesn’t have the legal power to initiate criminal proceedings.

The new anti-Islamophobia envoy can prosecute Australians who insult Islam online, social media users claim. This is false. The role is advisory and doesn’t have the power to pursue criminal proceedings against people.

The Australian government announced on September 30 that it had appointed Aftab Malik in the new role of special envoy to combat Islamophobia, nearly three months after announcing an envoy for combating antisemitism.

Some incorrect claims have spread on social media about the nature of the new role and its powers.

“Aftab Malik has been appointed by Albanese to police our speech and prosecute anyone who dares say a negative word about Islam,” the image in one Facebook post said.

“He’s on half a million per year. He will troll social media and bring criminal prosecution to anyone who dares insult his prophet.”

AAP FactCheck found what appears to be the original post on X, formerly Twitter, from September 30, which has more than 2,500 likes and 80,000 views.

The role contains no legal powers to enable Malik to prosecute people or bring prosecutions in a court of law. He simply has the same powers as any other Australian to report criminal offences.

Professor Luke McNamara, from the UNSW Faculty of Law and Justice, told AAP FactCheck the claim is false.

“The Islamophobia envoy (just like the antisemitism envoy) has no power to prosecute or commence legal proceedings of any sort,” he said.

Professor Karima Laachir, director of the ANU Centre for Arab and Islamic Studies, told AAP FactCheck the role is a symbolic one.

“There are already existing laws and regulations that prohibit hate speech in any form, and it includes discrimination and racism against Muslims,” she said.

“It is more like an advisory, symbolic role that the aim is to work with grassroots communities in Australia and see how we can collectively combat the rise of Islamophobia through various means and methods.”

Laachir added that the envoy will likely work with the antisemitism envoy to address issues arising from the conflict in the Middle East.

The Department of Home Affairs also confirmed to AAP FactCheck that the special envoy is an advisory role and Malik does not have a law enforcement mandate to pursue criminal prosecutions.

“Mr Malik will advise the prime minister and the minister for home Affairs, immigration and multicultural affairs, and cyber security, and assist the government to combat Islamophobia,” a department spokesperson said.

The spokesperson added that Malik will do so “by looking at and addressing drivers of the behaviour across online and social media, traditional media, and within education, arts, culture and industry sectors”.

The posts also claim Malik will be paid $500,000 a year.

When asked by AAP FactCheck whether this was correct, the department was not prepared to give a specific figure, but the spokesperson said the pay is commensurate with their skills and experience and consistent with the 2024 remuneration tribunal determination.