Hellenic Council Of N S W -V- Apoleski And The Macedonian Youth Association [1997] NSWEOT

Hellenic Council Of N S W -V- Apoleski And The Macedonian Youth Association [1997] NSWEOT

The Tribunal held that even if the article was capable of falling within s.20C(1) as a public act, the respondents established a defence under s.20C(2)(c). The publication was done reasonably and in good faith, in the context of ongoing public, political, and academic debate, and was a legitimate exercise of freedom of political speech. Therefore, no breach of s.20C(1) was established and the complaint was dismissed.

Parties
Complainant: Hellenic Council of N S W; Respondent: Gligor Apoleski; Second Respondent: Macedonian Youth Association
Jurisdiction
Australia
Judgment Date
25 September 1997
Procedural Posture
Racial Vilification Complaint / Tribunal Decision Following Hearing
Outcome
Complaint dismissed
Legal Topics
Racial Vilification, Freedom of Political Communication, Public Act, Interpretation of S.20 C Anti Discrimination Act, Defences to Vilification, Multiculturalism Debates
Anti Discrimination Law Administrative Law Racial Vilification Freedom of Political Communication Public Act Interpretation of S.20 C Anti Discrimination Act Defences to Vilification Multiculturalism Debates

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Parties

Hellenic Council of N S W

Complainant

Gligor Apoleski

Respondent

Macedonian Youth Association

Second Respondent

Procedural Posture

Racial Vilification Complaint / Tribunal Decision Following Hearing

Legal Issues

  1. 1 Did the publication of the advertisement constitute unlawful racial vilification under s.20C(1) of the Anti-Discrimination Act 1977?
  2. 2 Can the respondents rely on the defence in s.20C(2)(c) of the Act (public act done reasonably and in good faith for public interest/academic/debate purposes)?
  3. 3 Does the implied constitutional freedom of political communication affect the interpretation or application of s.20C?

Ratio Decidendi

The Tribunal held that even if the article was capable of falling within s.20C(1) as a public act, the respondents established a defence under s.20C(2)(c). The publication was done reasonably and in good faith, in the context of ongoing public, political, and academic debate, and was a legitimate exercise of freedom of political speech. Therefore, no breach of s.20C(1) was established and the complaint was dismissed.

Court Disposition

Complaint dismissed

Orders

  • The complaint is dismissed.
  • No order as to costs.