Ekermawi v Nine Network Australia Pty Ltd and anor [2007] NSWADT 295

Ekermawi v Nine Network Australia Pty Ltd and anor [2007] NSWADT 295

Mr Ekermawi established a substantial reason for leave because the radio broadcast material, including the compact disc, and the Nine Network telecast gave him reasonable prospects of establishing a breach of section 20C of the Anti-Discrimination Act 1977. The material was capable of inciting the ordinary, reasonable member of the community to hatred, serious contempt or severe ridicule of Muslims, and the merits of the respondents' section 20C(2)(c) defence were not sufficiently apparent to significantly diminish his prospects of success.

Jurisdiction
Australia
Judgment Date
12 December 2007
Procedural Posture
Application for Leave to Proceed / Preliminary Matter
Outcome
Leave granted for both complaints of racial vilification to proceed.
Legal Topics
['leave to Proceed After Complaint Declined as Lacking in Substance' 'racial Vilification by Broadcast and Telecast' 'public Act' 'incitement' 'race and Ethno Religious Origin' 'public Interest Discussion or Debate Defence']
['anti Discrimination Law' 'racial Vilification' 'administrative Law'] ['leave to Proceed After Complaint Declined as Lacking in Substance' 'racial Vilification by Broadcast and Telecast' 'public Act' 'incitement' 'race and Ethno Religious Origin' 'public Interest Discussion or Debate Defence']

Case Brief

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Procedural Posture

Application for Leave to Proceed / Preliminary Matter

Legal Issues

  1. 1 ['Whether there was a substantial reason to grant leave for the complaints to proceed notwithstanding the President of the Anti-Discrimination Board declining them as lacking in substance.' 'Whether the radio broadcasts and television telecast had reasonable prospects of being found to breach section 20C of the Anti-Discrimination Act 1977.' 'Whether the material was capable of inciting hatred towards, serious contempt for, or severe ridicule of Muslims.' 'Whether the respondents could rely on the defence in section 20C(2)(c) of the Anti-Discrimination Act 1977.']

Ratio Decidendi

Mr Ekermawi established a substantial reason for leave because the radio broadcast material, including the compact disc, and the Nine Network telecast gave him reasonable prospects of establishing a breach of section 20C of the Anti-Discrimination Act 1977. The material was capable of inciting the ordinary, reasonable member of the community to hatred, serious contempt or severe ridicule of Muslims, and the merits of the respondents' section 20C(2)(c) defence were not sufficiently apparent to significantly diminish his prospects of success.

Court Disposition

Leave granted for both complaints of racial vilification to proceed.

Orders

  • ['Leave is granted for the complaint of racial vilification against Nine Network Australia Pty Ltd to proceed.' 'Leave is granted for the complaint of racial vilification against Harbour Radio Pty Ltd trading as Radio 2GB to proceed.']