Trad v Jones (No 4)

[2012] NSWADT 265

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:

Trad v Jones (No 4) [2012] NSWADT 265

Hearing dates:

12 December 2012

Decision date:

12 December 2012

Jurisdiction:

Equal Opportunity Division

Before:

Magistrate N Hennessy, Deputy President
M Bolt, Non-Judicial Member
D Kelleghan, Non-Judicial Member

Decision:

Mr Alan Jones read the following apology on air between 8.00 and 8.30 am on any day during the week commencing 17 December 2012:

"On 28 April 2005 on my breakfast program on Radio 2GB I broadcast comments about Lebanese males including Lebanese Muslims. The comments were made following a Channel Nine television current affairs show about the conduct of young Lebanese men in Hickson Road at the Rocks.

The Administrative Decisions Tribunal has found that my comments incited serious contempt of Lebanese males including Lebanese Muslims. Those comments were in breach of the NSW Anti-Discrimination Act. I apologise for making those comments which I recognise were unlawful. I also apologise on behalf of Radio 2 GB."

Catchwords:

ANTI-DISCRIMINATION - racial vilification - nature and timing of apology

Legislation Cited:

Anti-Discrimination Act 1977

Cases Cited:

Sunol v Collier [2006] NSWADTAP 51

Category:

Procedural and other rulings

Parties:

Keysar Trad (Applicant)
Alan Jones (1st Respondent)
Harbour Radio Pty Ltd (2nd Respondent)

Representation:

Counsel
T Blackburn SC (Respondents)
Turner Freeman Lawyers (Applicant)
Baker and McKenzie (1st and 2nd Respondents)

File Number(s):

071036

REASONS FOR DECISION

EX TEMPORE REASONS

1. On 21 December 2009, the Administrative Decisions Tribunal ordered that:

The parties are directed to confer about the time, form, extent and manner of publication of the apology to be issued in accordance with these reasons. If the Tribunal is not notified within 8 weeks of the date of these orders that agreement has been reached, directions will be issued under s 108(2)(d) of the AD Act 1977 about the details of the apology.

1. The parties have been unable to come to an agreement and have been directed by the Tribunal to file and serve submissions about the time, form, extent and manner that the apology should take.

1. Those are the only outstanding issues in these proceedings.

1. We have rejected the respondents' submission that an apology that was made by Mr Jones on air on 6 December 2012 is an adequate acknowledgement of wrongdoing: Sunol v Collier [2006] NSWADTAP 51 at [54]. In any event, that apology was made unilaterally without the agreement of the applicant. It was not made in accordance with the Tribunal's order set out above.

1. We have rejected the applicant's submission that the respondents should apologise to Mr Trad personally. We accept the respondents' submission that he was not vilified personally by the broadcast in Schedule A.

1. We have also accepted evidence from the bar table from the respondents' lawyer that neither respondent has control of the website at "The Alan Jones Breakfast Show". Accordingly we make no order that an apology be posted on that website.

1. We make the following direction under s 108(2)(d) of the Anti-Discrimination Act 1977:

Mr Alan Jones read the following apology on air between 8.00 and 8.30 am on any day during the week commencing 17 December 2012:

On 28 April 2005 on my breakfast program on Radio 2GB I broadcast comments about Lebanese males including Lebanese Muslims. The comments were made following a Channel Nine television current affairs show about the conduct of young Lebanese men in Hickson Road at the Rocks.

The Administrative Decisions Tribunal has found that my comments incited serious contempt of Lebanese males including Lebanese Muslims. Those comments were in breach of the NSW Anti-Discrimination Act. I apologise for making those comments which I recognise were unlawful. I also apologise on behalf of Radio 2 GB."