Burns v Nine Network Australia Pty Ltd [2010] NSWADT 267

Burns v Nine Network Australia Pty Ltd [2010] NSWADT 267

The broadcast was a public act and was on the ground of homosexuality, but viewed objectively it was not capable of inciting hatred towards, serious contempt for, or severe ridicule of Mr Burns or homosexual men. The skit was tasteless and offensive in parts, but in the context of a sports entertainment programme and satirical mockumentary it was not a call to action or capable of arousing the extreme reactions required by s 49ZT. In any event, if the incitement claim had succeeded, the broadcast would have fallen within s 49ZT(2)(c) as a public act done reasonably and in good faith for artistic purposes in the public interest.

Jurisdiction
Australia
Judgment Date
10 November 2010
Procedural Posture
Homosexual Vilification Complaint Under the Anti Discrimination Act 1977 / Hearing Before the Equal Opportunity Division; Reasons for Decision
Outcome
Application dismissed.
Legal Topics
['homosexual Vilification' 'public Act' 'incitement to Hatred, Serious Contempt or Severe Ridicule' 'satire and Artistic Expression' 'good Faith Public Interest Exemption' 'vicarious Liability']
['anti Discrimination Law' 'equal Opportunity Law'] ['homosexual Vilification' 'public Act' 'incitement to Hatred, Serious Contempt or Severe Ridicule' 'satire and Artistic Expression' 'good Faith Public Interest Exemption' 'vicarious Liability']

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Procedural Posture

Homosexual Vilification Complaint Under the Anti Discrimination Act 1977 / Hearing Before the Equal Opportunity Division; Reasons for Decision

Legal Issues

  1. 1 ['Whether the broadcast skit breached s 49ZT of the Anti-Discrimination Act 1977 by inciting hatred towards, serious contempt for, or severe ridicule of a person or group on the ground of homosexuality.' 'If s 49ZT was breached, whether the respondent established the exemption in s 49ZT(2)(c) for a public act done reasonably and in good faith for artistic purposes in the public interest.' 'If a breach was established and no exemption applied, what remedies were appropriate.']

Ratio Decidendi

The broadcast was a public act and was on the ground of homosexuality, but viewed objectively it was not capable of inciting hatred towards, serious contempt for, or severe ridicule of Mr Burns or homosexual men. The skit was tasteless and offensive in parts, but in the context of a sports entertainment programme and satirical mockumentary it was not a call to action or capable of arousing the extreme reactions required by s 49ZT. In any event, if the incitement claim had succeeded, the broadcast would have fallen within s 49ZT(2)(c) as a public act done reasonably and in good faith for artistic purposes in the public interest.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' 'The respondent has sought leave to be heard on costs. Any costs application should be made by serving and filing submissions on costs, including any submissions on whether the application for costs can be heard "on the papers", within two weeks of the date of publication of these...