Hoser v The Queen

The case of *Hoser v The Queen* concerned an appeal to the High Court of Australia following a conviction for an offence under the *Broadcasting Services Act 1992* (Cth). The appellant, Hoser, had been found guilty of broadcasting material that was likely to incite racial hatred. The dispute centred on the interpretation and application of the provisions of the Act relating to prohibited broadcasts.

The High Court was required to determine whether the appellant's conduct constituted a breach of the *Broadcasting Services Act 1992* (Cth), specifically whether the material broadcast was "likely to incite racial hatred" as defined by the legislation. This involved an examination of the elements of the offence and the standard of proof required for conviction.

Gummow and Hayne JJ, in their joint judgment, considered the meaning of "likely" in the context of the statutory offence. They held that the prosecution bore the onus of proving that the broadcast material was likely to incite racial hatred, meaning there was a real chance or a substantial possibility of such an outcome. The Court analysed the content of the broadcast and the surrounding circumstances to assess whether this threshold was met. The appeal was dismissed.