Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267

Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267

Mr Burns had standing because the comments were on the ground of male homosexuality and he is a male homosexual. The broadcasts were public acts and the dispute was whether they incited hatred, serious contempt or severe ridicule. Applying an objective test, the Tribunal found that the experienced, high-profile presenters made ridiculing comments on a highly listened-to talkback radio station at prime time, and that their conduct was capable of inciting ordinary reasonable listeners to severe ridicule of homosexual men. The public interest exception was not established because the respondents led no evidence of good faith and, in any event, the ridiculing comments were not reasonable or...

Jurisdiction
Australia
Judgment Date
22 November 2004
Procedural Posture
Homosexual Vilification Complaint Under the Anti Discrimination Act 1977 / Principal Matter; Complaints Referred to the Administrative Decisions Tribunal for Inquiry
Outcome
The complaints of homosexual vilification against Steve Price and Radio 2UE Sydney Pty Ltd, and against John Laws and Radio 2UE Sydney Pty Ltd, were substantiated; remedy and costs were reserved.
Legal Topics
['homosexual Vilification' 'public Act' 'incitement to Hatred, Serious Contempt or Severe Ridicule' 'standing to Lodge Complaint' 'public Interest Defence' 'vicarious Liability']
['anti Discrimination Law' 'equal Opportunity' 'broadcasting'] ['homosexual Vilification' 'public Act' 'incitement to Hatred, Serious Contempt or Severe Ridicule' 'standing to Lodge Complaint' 'public Interest Defence' 'vicarious Liability']

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Procedural Posture

Homosexual Vilification Complaint Under the Anti Discrimination Act 1977 / Principal Matter; Complaints Referred to the Administrative Decisions Tribunal for Inquiry

Legal Issues

  1. 1 ['Whether Mr Burns had standing to lodge complaints about comments concerning homosexual men in The Block.' 'Whether the radio broadcast comments were capable of inciting hatred towards, serious contempt for, or severe ridicule of homosexual men.' 'Whether intention to incite or proof of actual incitement was required.' 'Whether the comments by Mr Price and Mr Laws amounted to homosexual vilification within the meaning of the Anti-Discrimination Act 1977.' 'Whether the respondents established the defence that the conduct was done reasonably and in good faith for purposes in the public interest under s49ZT(2)(c).' 'Whether Radio 2UE Sydney Pty Ltd was liable for the conduct of Mr Price and Mr Laws under s52 of the Anti-Discrimination Act 1977.' 'What remedy and costs orders should be made.']

Ratio Decidendi

Mr Burns had standing because the comments were on the ground of male homosexuality and he is a male homosexual. The broadcasts were public acts and the dispute was whether they incited hatred, serious contempt or severe ridicule. Applying an objective test, the Tribunal found that the experienced, high-profile presenters made ridiculing comments on a highly listened-to talkback radio station at prime time, and that their conduct was capable of inciting ordinary reasonable listeners to severe ridicule of homosexual men. The public interest exception was not established because the respondents led no evidence of good faith and, in any event, the ridiculing comments were not reasonable or...

Court Disposition

The complaints of homosexual vilification against Steve Price and Radio 2UE Sydney Pty Ltd, and against John Laws and Radio 2UE Sydney Pty Ltd, were substantiated; remedy and costs were reserved.

Orders

  • ['The complaint of homosexual vilification against the respondents Steve Price and Radio 2UE Sydney Pty Ltd is substantiated.' 'The complaint of homosexual vilification against the respondents John Laws and Radio 2UE Sydney Pty Ltd is substantiated.' 'The question of an appropriate remedy is reserved.' 'By 10...