Ekermawi v Network Ten Pty Limited [2008] NSWADT 334

Ekermawi v Network Ten Pty Limited [2008] NSWADT 334

Leave was refused because Mr Ekermawi did not show a substantial reason for leave to be granted or reasonable prospects of success: Islam per se is not an ethno-religious origin or race under the Anti-Discrimination Act 1977, and in any event the broadcast, although highly critical of Islam and containing generalisations, would be unlikely to be found to incite hatred, serious contempt or severe ridicule.

Jurisdiction
Australia
Judgment Date
16 December 2008
Procedural Posture
Application for Leave to Proceed With Racial Vilification Complaint / Written Reasons for Oral Decision Refusing Leave After the President of the Anti Discrimination Board Declined the Complaint as Having No Substance
Outcome
Leave is refused.
Legal Topics
['racial Vilification' 'definition of Race' 'islam' 'leave to Proceed After Declined Complaint' 'public Act' 'incitement to Hatred, Serious Contempt or Severe Ridicule']
['anti Discrimination Law' 'equal Opportunity'] ['racial Vilification' 'definition of Race' 'islam' 'leave to Proceed After Declined Complaint' 'public Act' 'incitement to Hatred, Serious Contempt or Severe Ridicule']

Case Brief

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Procedural Posture

Application for Leave to Proceed With Racial Vilification Complaint / Written Reasons for Oral Decision Refusing Leave After the President of the Anti Discrimination Board Declined the Complaint as Having No Substance

Legal Issues

  1. 1 ['Whether leave should be granted under section 96 of the Anti-Discrimination Act 1977 for the complaint to proceed after the President of the Anti-Discrimination Board declined it as having no substance.' 'Whether alleged vilification of Islam was vilification on the ground of race within section 20C of the Anti-Discrimination Act 1977.' 'Whether the Channel 10 broadcast incited hatred towards, serious contempt for, or severe ridicule of a person or group of persons.']

Ratio Decidendi

Leave was refused because Mr Ekermawi did not show a substantial reason for leave to be granted or reasonable prospects of success: Islam per se is not an ethno-religious origin or race under the Anti-Discrimination Act 1977, and in any event the broadcast, although highly critical of Islam and containing generalisations, would be unlikely to be found to incite hatred, serious contempt or severe ridicule.

Court Disposition

Leave is refused.

Orders

  • ['Leave is refused.']