Clarke v Nationwide News Pty Ltd

This case concerns the publication of readers' comments on a newspaper website following the report of a motor vehicle accident in which four of the five young male occupants of the vehicle were killed. The applicant, who is an Aboriginal Australian, is the mother of three of the deceased occupants. The applicant complains that by the publication of a number of the readers' comments, the respondent contravened s 18C of the Racial Discrimination Act 1975 (Cth) that proscribes offensive behaviour because of race. The issues in this proceeding are whether the respondent, by any of the particular acts of publication complained of by the applicant, contravened s 18C of the Racial Discrimination Act 1975 (Cth), and in particular whether any of those publications: (a) was reasonably likely, in all the circumstances, to offend, insult, or humiliate the applicant; and (b) was done because of the race of the applicant, namely, the Aboriginal race. The respondent contends that the evidence does not show, in any event, that the true reason or the true ground of the act or acts of publication in this case was "because of" the race of the applicant. The Court found that the respondent contravened the Racial Discrimination Act 1975 (Cth) in respect of the publication of four comments. The Court ordered the respondent to pay damages by way of compensation to the applicant for the offence, insult and humiliation she has suffered in the sum of $12,000. The Court will hear from the parties as to the final terms of these orders and on the question of pre-judgment interest and costs.