Channel Seven Sydney Pty Ltd v Mahommed

Channel Seven Sydney Pty Ltd (the appellant) appealed to the High Court of Australia against a decision of the Full Federal Court which had upheld a finding of unlawful discrimination against Mr Mahommed (the respondent) under the *Racial Discrimination Act 1975* (Cth). The dispute concerned allegations that Channel Seven had engaged in racial discrimination by broadcasting a segment on the television program "Sunday Night at the Movies" which depicted Mr Mahommed in a manner that was offensive and humiliating on the basis of his race.

The High Court was required to determine whether the broadcast segment constituted an "act" done by Channel Seven that was "done because of his race" and whether it was "reasonably likely to offend, insult, humiliate or intimidate" Mr Mahommed, as required by s 18C of the *Racial Discrimination Act 1975* (Cth). A further issue was whether the broadcast was protected by the defence of fair reportage under s 18D of the Act.

Gummow and Kirby JJ, in their joint judgment, analysed the meaning of "act" in s 18C and concluded that the broadcast of the program was an act done by Channel Seven. They found that the evidence supported the conclusion that the broadcast was done because of Mr Mahommed's race and that it was reasonably likely to offend, insult, humiliate or intimidate him. The judges rejected the submission that the segment was a fair report of matters of public interest, finding that the manner of depiction went beyond mere reporting and was gratuitous and offensive. They emphasised that the protection afforded by s 18D was not a licence to engage in conduct that was otherwise prohibited by s 18C.

The High Court dismissed the appeal, upholding the decision of the Full Federal Court.