Sun v Nationwide News Pty Limited [2021] NSWCATAD 147

Sun v Nationwide News Pty Limited [2021] NSWCATAD 147

The Tribunal found that when read as a whole, the main headline and accompanying articles did not have the capacity to incite hatred, serious contempt, or serious ridicule of Chinese people by readers, but rather reported a public health directive. The article referenced children recently in China, not exclusively those of Chinese race, and contained no urge, stimulation, or encouragement to negative emotion against the Chinese race as required by section 20C of the Anti-Discrimination Act. The onus of proof was not met by the Applicant.

Jurisdiction
Australia
Judgment Date
02 June 2021
Procedural Posture
Application for Racial Vilification Determination / Final Decision on the Merits
Outcome
application dismissed
Legal Topics
['racial Vilification' 'section 20 C Anti Discrimination Act' 'incitement' 'media and Discrimination']
['anti Discrimination Law' 'human Rights Law' 'administrative Law'] ['racial Vilification' 'section 20 C Anti Discrimination Act' 'incitement' 'media and Discrimination']

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Procedural Posture

Application for Racial Vilification Determination / Final Decision on the Merits

Legal Issues

  1. 1 ["Whether the publication of the Front Page Article 'China Kids Stay Home' had the capacity to incite hatred towards, or serious contempt for, members of the Chinese race." 'Whether any such incitement was on the ground of race.']

Ratio Decidendi

The Tribunal found that when read as a whole, the main headline and accompanying articles did not have the capacity to incite hatred, serious contempt, or serious ridicule of Chinese people by readers, but rather reported a public health directive. The article referenced children recently in China, not exclusively those of Chinese race, and contained no urge, stimulation, or encouragement to negative emotion against the Chinese race as required by section 20C of the Anti-Discrimination Act. The onus of proof was not met by the Applicant.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.']