inciting hatred and/or serious contempt. A real or genuine ground for that
incitement is Rod's homosexuality.
73 Paragraphs 2, 4 and 5 of publication 4 relate to Mr Burns. This abusive and
insulting language incites hatred or serious contempt against Mr Burns. But it
does not do so on the ground of Mr Burns' homosexuality. Mr Sunol is insulting
and abusing Mr Burns because he has brought proceedings against him in the
Tribunal. Homosexuality is not one of the real, genuine reasons for these
words.
74 This part of the complaint of homosexual vilification is not substantiated.
Sixth publication
75 This comment, which appears to be in response to a comment made by
someone else, does not constitute homosexual vilification because it was not
made on the ground of homosexuality. There is no direct or indirect reference
to Mr Burns' homosexuality. This part of Mr Burns' complaint is not
substantiated.
Seventh, ninth and tenth publications
76 These publications use the words "faggot", "poofter" or "parasite" and "demon
spirits" as well as derogatory adjectives such as "dirty" and "filthy". This highly
insulting and abusive language has the capacity or effect of inciting hatred
and/or serious contempt against Mr Burns on the ground of his homosexuality.
Eighth publication
77 The first comment does not refer directly or indirectly to Mr Burns'
homosexuality and is not made on the ground of homosexuality. This part of
the complaint is not substantiated.
78 The second comment is substantiated. The use of the word "faggot" and abusive
and derogatory terms such as "dirty", "filthy" and "demon spirits" means that
this publication has the capacity or effect of inciting hatred or serious
contempt in the mind of the ordinary internet user.
VICTIMISATION - LEGAL PRINCIPLES
79 It is unlawful for a person to victimise (or punish) another person because he or
she has complained of discrimination or done certain other things listed in s
50 of the AD Act:
(1) It is unlawful for a person ("the discriminator") to subject another person ("the
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات