The Times Australia
The Times World News

.

What is the Australian merchant navy flag, the red ensign? And why do anti-government groups use it?

  • Written by Joe McIntyre, Senior Lecturer in Law, University of South Australia

The Australian red ensign – a red version of the familiar Australian flag – has appeared all over the news and social media in recent months. The question is, why?

Historically associated with Australia’s commercial shipping vessels, the merchant navy, the flag has recently been adopted[1] by people involved in anti-lockdown and anti-government movements.

It’s almost certain the flag has gained popularity due to its use by Australia’s sovereign citizen (or “SovCit”) movement, a fringe group who believe laws do not apply to them.

Since 2019, I’ve been researching the SovCit movement and the insights it reveals into public (mis)understanding of our legal order.

To understand why this particular flag is being flown requires a detour into their strange, conspiracy-laden, pseudo-legal culture.

Read more: Many anti-lockdown protesters believe the government is illegitimate. Their legal arguments don't stand up[2]

Who are the sovereign citizens?

Self-identifying sovereign citizens – and their counterparts[3] the “Freemen on the land” - believe they possess a pure and true understanding of the legal system. The movement emerged in America, and has spread to Australia and other countries.

According to their version of the law, individuals are “sovereign”, meaning they are not bound to the laws[4] of the country in which they live, unless they waive those rights by accepting a contract with the government.

While the movement has no single leader or central doctrine[5], SovCits believe that by reciting certain phrases, such as “I am a natural living being[6]” or “I do not consent”[7], they can lawfully avoid any obligation[8] to obey laws and regulations.

Like a magic spell, these phrases grant them a cloak of legal immunity, and beneath that cloak, there is no need to wear masks, pay taxes, or hold a driver’s licence.

To those with any understanding of the legal system, these arguments are without foundation[9]. It’s not surprising SovCits struggle to distinguish between valid and fanciful legal arguments: we do a poor job [10] of educating Australians about how the legal system operates, and the system remains irreducibly complex and profoundly inaccessible to most Australians.

Nevertheless, SovCit arguments are devoid of any legal merit[11].

It is a mistake to think such eccentric movements are benign. Some SovCits have been identified as anti-government extremists and a potential terrorism threat[12] in Australia, as well as in America.

The movement has gained prominence[13] during the pandemic, with the “pick-and-choose” approach to legal obligations attracting anti-health measure activists, such as the infamous “Bunnings Karen[14]”.

By encouraging people to disregard laws they don’t like, the SovCit movement presents an insidious threat to our legal order.

So what is the Australian red ensign?

Back to that strange flag. The Australian red ensign is the official flag[15] flown at sea by Australian registered merchant ships.

The flag was developed as part of the Commonwealth government’s 1901 federal flag design competition[16], which resulted in two flags: the familiar Australian blue ensign for official Commonwealth government use and our national flag, and the Australian red ensign for the merchant navy, which refers to our shrinking commercial shipping fleet[17].

In the early years of federation, the red ensign was an important symbol of Australian identity as the main flag used by private citizens on land and at sea. Australians have fought under it[18] during both world wars.

Read more: Public protest or selfish ratbaggery? Why free speech doesn't give you the right to endanger other people's health[19]

So, are fringe groups using it to suggest they are private citizens? The flag’s history suggests it’s not that simple.

At federation, Australia was not an independent country, but a dominion[20] of the British empire. Australian citizenship did not exist until 1948[21], and the UK parliament could theoretically pass laws governing Australia until 1986[22].

So, in the half century after federation, the official flag for general use was the Union Jack[23].

Like the current governor-general’s flag[24], the Australian blue ensign was used only by the Commonwealth government. It did not become the general national flag until 1953[25].

Before that date, if citizens wanted a distinctive flag to signify an Australian rather than a British identity, they tended to (mis)use the Australian red ensign.

Why do SovCits use the Australian red ensign?

Unfortunately, the decentralised nature of the SovCit movement makes it difficult to reach definitive conclusions.

For a movement that has an inherent distrust of government, the flag’s historical usage as a “people’s flag” must seem appealing[26].

A similar appeal[27] may derive from the fact the ANZACs fought under this flag (as Australian divisions of the British Army).

In both cases, though, a little knowledge is a dangerous thing. In both cases, those historical usages spoke more to Australia’s identity as a British dominion.

Indeed, RSL Australia has condemned the flag’s use by protesters as disrespectful[28].

Alternatively, the usage may derive from the maritime nature of the flag. One of the more outlandish claims of the SovCits is that the only valid sources[29] of law are the common law and “admiralty law”. As such, a maritime people’s flag must seem like the perfect symbol.

For a movement that has inherent distrust of government, the flag’s historical usage as a ‘people’s flag’ must seem appealing. MICK TSIKAS/AAP

There are darker possibilities, too. For some people, it could be an attempt to mirror the use[30] of the Canadian red ensign by the far-right. In Canada, white supremacists see their red ensign as a throwback to a time when Canadians were overwhelmingly white[31].

In the US, the SovCit movement has explicitly racist and antisemitic roots[32], emerging[33] from the Posse Comitatus movement[34] led by the notorious preacher[35] William Potter Gale.

A similar undertone may underpin the use of the flag in Australia, a racist yearning for a non-existent “golden age” when Australia was “free” and “white”.

To me, the use of this flag also suggests a yearning for certainty and a simpler past, that, though misguided and exclusionary, perhaps emerges from the collective trauma of the last two years.

In the minds of these fringe protesters, they are not law-breakers, but patriots who possess a deep and true understanding of the law.

Like the Australian red ensign itself, these movements take familiar images and ideas and twist them.

References

  1. ^ been adopted (www.abc.net.au)
  2. ^ Many anti-lockdown protesters believe the government is illegitimate. Their legal arguments don't stand up (theconversation.com)
  3. ^ counterparts (www.news.com.au)
  4. ^ not bound to the laws (www.laphamsquarterly.org)
  5. ^ no single leader or central doctrine (theconversation.com)
  6. ^ I am a natural living being (nccriminallaw.sog.unc.edu)
  7. ^ I do not consent” (www.mercurynews.com)
  8. ^ avoid any obligation (scholarship.law.wm.edu)
  9. ^ foundation (www6.austlii.edu.au)
  10. ^ we do a poor job (theconversation.com)
  11. ^ legal merit (theconversation.com)
  12. ^ potential terrorism threat (www.abc.net.au)
  13. ^ gained prominence (www.abc.net.au)
  14. ^ Bunnings Karen (www.abc.net.au)
  15. ^ official flag (www.pmc.gov.au)
  16. ^ 1901 federal flag design competition (www.anfa-national.org.au)
  17. ^ shrinking commercial shipping fleet (theconversation.com)
  18. ^ fought under it (www.pmc.gov.au)
  19. ^ Public protest or selfish ratbaggery? Why free speech doesn't give you the right to endanger other people's health (theconversation.com)
  20. ^ dominion (classic.austlii.edu.au)
  21. ^ until 1948 (www.aph.gov.au)
  22. ^ 1986 (parlinfo.aph.gov.au)
  23. ^ Union Jack (www.flagsaustralia.com.au)
  24. ^ governor-general’s flag (en.wikipedia.org)
  25. ^ 1953 (www.legislation.gov.au)
  26. ^ seem appealing (sovereignaustralian.com)
  27. ^ appeal (www.reddit.com)
  28. ^ disrespectful (www.rslaustralia.org)
  29. ^ only valid sources (www.splcenter.org)
  30. ^ mirror the use (nationalpost.com)
  31. ^ overwhelmingly white (nationalpost.com)
  32. ^ racist and antisemitic roots (www.splcenter.org)
  33. ^ emerging (www.splcenter.org)
  34. ^ Posse Comitatus movement (en.wikipedia.org)
  35. ^ notorious preacher (www.nytimes.com)

Read more https://theconversation.com/what-is-the-australian-merchant-navy-flag-the-red-ensign-and-why-do-anti-government-groups-use-it-170270

Times Magazine

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

Effective Commercial Pest Control Solutions for a Safer Workplace

Keeping a workplace clean, safe, and free from pests is essential for maintaining productivity, protecting employee health, and upholding a company's reputation. Pests pose health risks, can cause structural damage, and can lead to serious legal an...

The Times Features

Distressed by all the bad news? Here’s how to stay informed but still look after yourself

If you’re feeling like the news is particularly bad at the moment, you’re not alone. But many of us can’t look away – and don’t want to. Engaging with news can help us make ...

The Role of Your GP in Creating a Chronic Disease Management Plan That Works

Living with a long-term condition, whether that is diabetes, asthma, arthritis or heart disease, means making hundreds of small decisions every day. You plan your diet against m...

Troubleshooting Flickering Lights: A Comprehensive Guide for Homeowners

Image by rawpixel.com on Freepik Effectively addressing flickering lights in your home is more than just a matter of convenience; it's a pivotal aspect of both home safety and en...

My shins hurt after running. Could it be shin splints?

If you’ve started running for the first time, started again after a break, or your workout is more intense, you might have felt it. A dull, nagging ache down your shins after...

Metal Roof Replacement Cost Per Square Metre in 2025: A Comprehensive Guide for Australian Homeowners

In recent years, the trend of installing metal roofs has surged across Australia. With their reputation for being both robust and visually appealing, it's easy to understand thei...

Why You’re Always Adjusting Your Bra — and What to Do Instead

Image by freepik It starts with a gentle tug, then a subtle shift, and before you know it, you're adjusting your bra again — in the middle of work, at dinner, even on the couch. I...