Burns v Sunol [2016] NSWCATAD 16

Burns v Sunol [2016] NSWCATAD 16

The respondent, by placing a link and commentary on his website, made an express invitation to the public to view content capable of inciting hatred and severe contempt for male homosexuals in a segment of the audience, and this was done on the ground of sexuality; the respondent failed to establish any statutory exception under s 49ZT(2).

Parties
Applicant: Garry Burns; Respondent: Christopher Sunol
Jurisdiction
Australia
Judgment Date
21 January 2016
Procedural Posture
Complaint Under Anti Discrimination Act 1977 (nsw) / Substantiation of Complaint and Directions for Relief Submissions
Outcome
Complaint substantiated; further submissions to be made on relief.
Legal Topics
Homosexual Vilification, Public Act, Incitement, Exception to Vilification, Relief Under S 108(2)
Equal Opportunity Anti Discrimination Law Homosexual Vilification Public Act Incitement Exception to Vilification Relief Under S 108(2)

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Parties

Garry Burns

Applicant

Christopher Sunol

Respondent

Procedural Posture

Complaint Under Anti Discrimination Act 1977 (nsw) / Substantiation of Complaint and Directions for Relief Submissions

Legal Issues

  1. 1 Whether the communication of the offending content was a public act of the respondent
  2. 2 Whether the offending content incited or had the capacity to incite hatred towards, serious contempt for, or severe ridicule of homosexual person(s)
  3. 3 Whether the requisite emotion was incited on the ground of homosexuality

Ratio Decidendi

The respondent, by placing a link and commentary on his website, made an express invitation to the public to view content capable of inciting hatred and severe contempt for male homosexuals in a segment of the audience, and this was done on the ground of sexuality; the respondent failed to establish any statutory exception under s 49ZT(2).

Court Disposition

Complaint substantiated; further submissions to be made on relief.

Orders

  • The complaint is substantiated.
  • Within 14 days of this decision, the applicant must file and serve a document setting out orders sought under s 108(2) of the Anti-Discrimination Act 1977 (NSW) and supporting evidence and submissions, and notify consent to determination on the papers.