Trad v Jones (No 7)

The case of Trad v Jones (No 7) involved the complainant, Trad, bringing a claim of racial vilification against two respondents, Alan Jones and 2GB, relating to comments made by Jones on his radio broadcast. The case was heard in the Civil and Administrative Tribunal. Trad argued that the broadcast, which involved derogatory remarks about Lebanese men, amounted to racial vilification under the Anti-Discrimination Act. The central legal issues revolved around whether the broadcast was a public act that could incite ordinary members of the audience to hatred, serious contempt, or severe ridicule, and if so, whether any exceptions applied to exempt the act from being considered vilification.

The Tribunal found that the broadcast did constitute racial vilification. It concluded that the comments made by Jones were directed towards a group identifiable by their Lebanese heritage, and that the broadcast could incite hatred, contempt, or severe ridicule in ordinary members of the audience who were aware of the Lebanese heritage of the targeted individuals. The Tribunal also determined that none of the exceptions to vilification applied to the case. The Tribunal further found that the second respondent, 2GB, had not taken sufficient steps to prevent racial vilification within its programs and policies. This led to the Tribunal ordering a critical review of 2GB’s policies and mandating a report back on any changes implemented.

In its decision, the Tribunal substantiated both Trad's complaints against Jones and 2GB, awarding Trad damages of $10,000. Additionally, 2GB was ordered to review and revise its programs and policies to prevent racial vilification. The Tribunal also ordered the respondents to pay Trad's costs incurred up to the adjournment of the hearing, amounting to $15,000, or an agreed sum, with costs to be assessed if no agreement was reached. The respondents' application for costs was dismissed. Further directions were issued for the parties to file and respond to any costs applications within specified timeframes, with any objections to be considered by the Tribunal.