Her Majesty's Attorney General in and for the State of New South Wales v Radio2ue Sydney Pty Ltd

The Attorney-General for New South Wales brought proceedings against Radio2UE Sydney Pty Ltd concerning the broadcast of certain material. The matter came before the Supreme Court of New South Wales, Court of Appeal.

The central legal issue before the Court of Appeal was whether the respondent, Radio2UE Sydney Pty Ltd, had breached section 11(1) of the *Broadcasting and Television Act 1942* (Cth) by broadcasting material that was likely to incite hatred against a section of the public, namely homosexual persons.

The Court considered the meaning of "incite hatred" and the test for determining whether a broadcast was likely to incite hatred. It applied principles of statutory interpretation to the relevant provisions of the Act, focusing on the objective likelihood of the broadcast causing hatred rather than the subjective intention of the broadcaster. The Court examined the content of the broadcasts in question and the context in which they were made to assess whether they met the threshold for incitement of hatred.

The Court of Appeal found that the broadcasts did not incite hatred against homosexual persons within the meaning of the Act and therefore dismissed the appeal.