Proposed antisemitism laws in France and Italy stir free speech debate

French and Italian lawmakers are due to vote on new laws defining antisemitism, proposed in the wake of a surge in anti-Jewish incidents but which critics say could be used to censor criticism of Israel and chill protest movements.

The ⁠French law, which is scheduled to be debated on Thursday, proposes ⁠to sanction "implicitly" justifying terrorism, calling for the destruction of a state recognised by France, and comparisons of Israel to the Nazis.

The Italian bill, if adopted, would make Italy the first country to write into law the International Holocaust Remembrance Alliance definition of antisemitism, which lists certain criticisms of Israel as examples of antisemitism.

DEFINING ANTISEMITISM IN LAW

Proponents of the laws point ⁠to the historic rise in antisemitism after Israel began its assault on Gaza following Hamas-led attacks on southern Israel on October 7, 2023.

Critics - including some rights groups, academics and left-wing politicians - say that they will censor legitimate activism for Palestinian rights and contribute to conflating Jews with the state of Israel.

"The (IHRA) definition confuses what is permitted speech - and that is criticism of Israel as a state - with what is prohibited speech, which is antisemitism and racial and religious incitement to violence," U.N. special rapporteur on free speech Irene Khan said.

The French law, which references the IHRA definition without fully adopting it, contained vague language, she added.

The Italian bill was approved by a large majority in the Upper House last month and is expected to begin its passage through the Lower House on Thursday. The French law has lost some political backing following a petition on the French parliamentary website signed by more than 700,000 people.

SHARP RISE IN INCIDENTS SINCE GAZA

In Italy over two years from 2023, antisemitism rose by ⁠100% to ⁠963 incidents in 2025, according to the Italian Antisemitism Observatory. In France, antisemitic acts surged to record highs after the 2023 Hamas attack, but fell 16% to 1,320 incidents last year compared with 2024.

Rights groups and the U.N. have also noted a rise in Islamophobia and anti-Arab bias around the world since 2023. France's human rights commission, the CNCDH, has said that antisemitic acts in France regularly peak in relation to operations carried out by the Israeli army in Palestinian territories.

The commission, which was not consulted for the law, wrote to MPs and the prime minister in January to warn of the dangers of conflating "the hatred of Jews and the hatred of the state of Israel".

Responding to this warning, Caroline Yadan, the French MP proposing the law, said that her text aimed to tackle "new forms of antisemitism" and that the "essentialisation ⁠that Jews equal Israel exists in today's society".

Israel's war on Gaza has led to a wave of pro-Palestinian demonstrations around the world, which Israel and its supporters allege are antisemitic.

Protesters, including some Jewish groups, say their criticism of Israel's occupation of the Palestinian territories and its actions in Gaza should not be conflated with antisemitism.

Livia Ottolenghi, representative of the Union of Jewish Communities in Italy, said the new law was necessary and did not prevent criticism of Israel.

"In Italy, we do not live well," she said. "Our children have bars on their school windows; when they go out they must be escorted."

CONFLATING JEWS AND ISRAEL

The IHRA working definition of antisemitism has been adopted by 45 countries as a guide, but has not previously been written into law ⁠anywhere.

The Council of Europe ‌Human Rights ‌Commissioner Michael O'Flaherty said he viewed the IHRA definition as a useful tool, but was concerned about its ⁠misapplication to censor Palestinian solidarity movements, especially in Germany.

"To somehow attribute responsibility for the ‌actions of a government to the Jewish community in Europe is totally unacceptable, and indeed, it does raise the spectre of antisemitism," he said. "But to somehow conflate any criticism of Israel with antisemitism is ridiculous."

Sarya Kabbani, a French-Syrian woman, ⁠was put on trial under existing laws on antisemitism over carrying banners that drew parallels between Israeli politicians ⁠and Nazi Germany at a protest in Paris in December 2023. The 67-year-old, whose husband is Jewish, was later acquitted by a court.

"It is ⁠freedom of expression to be able to say that Israel is committing war crimes, is committing genocide, is carrying out ethnic cleansing, is occupying," said the activist, who will join demonstrations against the French law this week.