capable or would have the effect of prompting the relevant emotion in the
ordinary person who uses the internet. Again the reference to the Mardi Gras,
an event celebrating homosexuality, satisfies us that the incitement was on
that ground.
Fourth publication
67 This text was posted on Mr Sunol's website about a week after the publication of
the Tribunal's 2012 decisions on 28 November 2012. In those decisions the
Tribunal ordered Mr Sunol to apologise, remove the offending material from
his website, refrain from publishing the same or similar material and to pay
damages to Mr Burns by way of compensation. We are satisfied that the
orders referred to in the text are the orders made by the Tribunal on 28
November 2012.
68 The fourth publication can be divided into three sections. The first paragraph is
about those who take part in the Mardi Gras parade. The second, fourth and
fifth paragraphs relate to Mr Burns and the third paragraph concerns a person
called "Rod" or "Rodney".
69 In relation to the first paragraph, this text, ending with the words "Happy
parade" is identical with text that Mr Sunol published on 3 March 2012. That
publication was the subject of a decision in the Tribunal's 2012 decision. The
Tribunal concluded at [31] that the use of the words "child molestors and
paedophiles" has the "capacity to incite" or the "effect of inciting" feelings of
"hatred" and/or "serious contempt" for the persons to whom the phrases refer
amongst "ordinary members" of the "class to which the publication is
directed." We make the same finding in this case.
70 The Tribunal also concluded that these comments were directed towards a
homosexual group (participants in the Mardi Gras). The "ground" on which the
publication incited hatred and/or serious contempt was the homosexuality of
the person or the group.
71 Paragraph three relates to "Rod" who Mr Sunol refers to as "a dirty filthy lying
cheating faggot". Similar comments were held to constitute homosexual
vilification in the Tribunal's 2012 decision. In that case, the following
publication was under consideration:
Dogwomble you are a trouble making bastard of a dirty and filthy minded faggot
and poof.
72 The Tribunal held at [44] to [47] that the words "dirty and filthy minded faggot
and poof" is very strong and abusive language, inciting not just dislike, but
hatred and/or serious contempt of homosexuals. Similarly, in this case, the
words "dirty filthy lying cheating faggot" is very strong and abusive language
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