Trad v Jones (No. 3) (EOD) [2012] NSWADTAP 33

Trad v Jones (No. 3) (EOD) [2012] NSWADTAP 33

The Appeal Panel was not comfortably satisfied that the relevant Schedule B material would have been understood by an ordinary reasonable listener as targeting Muslims as other than a religious group. Any shared characteristics that might support viewing Muslims as an ethno-religious group were neither targeted nor indivisibly caught up in the targeting. In any event, the criticisms were most likely made on the ground of religion only, so Mr Trad's appeal failed and the first instance conclusion on the Schedule B material was not disturbed.

Jurisdiction
Australia
Judgment Date
02 October 2012
Procedural Posture
Internal Appeal in the Equal Opportunity Division Concerning S20 C(1) / Appeal Panel Final Decision After Further Submissions on the Merits Following an Error of Law
Outcome
The appeal is dismissed. Parties are to file submissions on costs within 14 days of this decision.
Legal Topics
['racial Vilification' 'ethno Religious Origin' 'religious Adherents' 'public Act Inciting Hatred' 'appeal on Questions of Law and Merits' 'costs']
['anti Discrimination Law' 'administrative Law'] ['racial Vilification' 'ethno Religious Origin' 'religious Adherents' 'public Act Inciting Hatred' 'appeal on Questions of Law and Merits' 'costs']

Case Brief

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Procedural Posture

Internal Appeal in the Equal Opportunity Division Concerning S20 C(1) / Appeal Panel Final Decision After Further Submissions on the Merits Following an Error of Law

Legal Issues

  1. 1 ['Whether the Schedule B broadcast material targeted Muslims as an ethno-religious group rather than as religious adherents.' 'Whether any incitement in the Schedule B material was on the ground of race, including ethno-religious origin, within s20C(1).' "Whether Mr Trad's appeal should succeed after the Appeal Panel's earlier finding of an error of law."]

Ratio Decidendi

The Appeal Panel was not comfortably satisfied that the relevant Schedule B material would have been understood by an ordinary reasonable listener as targeting Muslims as other than a religious group. Any shared characteristics that might support viewing Muslims as an ethno-religious group were neither targeted nor indivisibly caught up in the targeting. In any event, the criticisms were most likely made on the ground of religion only, so Mr Trad's appeal failed and the first instance conclusion on the Schedule B material was not disturbed.

Court Disposition

The appeal is dismissed. Parties are to file submissions on costs within 14 days of this decision.

Orders

  • ['Save for order No 2 made in Jones and Harbour Radio Pty Limited v Trad (No 2) (EOD) [2011] NSWADTAP 62, the appeals Mr Jones and Harbour Radio are dismissed.' 'Grant leave to Mr Trad to extend his appeal to the merits.' "Mr Trad's appeal is dismissed." 'Unless the parties notify the Registrar as to an agreement on...