Jones and Harbour Radio Pty Limited v Trad (EOD)

In the case of Jones and Harbour Radio Pty Limited v Trad (EOD), the court was asked to consider an appeal against a decision made by the Administrative Decisions Tribunal (ADT) regarding racial vilification under the Anti-Discrimination Act (NSW). The primary dispute involved the use of the term 'Muslim' in broadcasts and whether it constituted vilification under the Act. The appeal also addressed the ADT's handling of sociological evidence on the modern understanding of 'race' and the status of Lebanese and/or other Muslims in Sydney society.

The court had to determine several legal issues, including the interpretation of the term 'ethno-religious origin' within the statutory definition of 'race', the adequacy of the ADT's consideration of sociological evidence, the meaning of 'public act' in the context of both the presenter and the licensed broadcaster, and whether the ADT had correctly assessed the actual material complained of. Additionally, the court examined whether the ADT had correctly applied the defences available under section 20C(2) of the Act, specifically the 'fair report' and 'good faith' defences.

The court found that the ADT had erred in its interpretation of the term 'ethno-religious origin' and had failed to properly consider sociological evidence on modern concepts of 'race'. The court also held that the ADT had not correctly distinguished between the 'public acts' of the presenter and the licensed broadcaster and had improperly considered the speaker's subjective state of mind. Furthermore, the court determined that the ADT had not adequately identified the actual audience to whom the material was directed and had misapplied the defence of 'good faith'. The court concluded that the Tribunal had not sufficiently considered the material complained of objectively.

The court ordered the parties to submit written arguments regarding the departure from the Khan v Commissioner decision and the extension of the appeal to the merits. The case was adjourned for further consideration.