We are treating internet users at large as 'the class' to which the publications were 'directed'. It may well be that the people who log in to the websites where these publications occurred - being in the majority of instances the sites maintained by Mr Sunol - would be more responsive than 'ordinary' internet users to the statements attacking homosexual people. But we have no evidence on this question. 57 Similarly, in this case, there is no evidence as to the nature of the particular audience to whom the publications were directed. We simply do not know whether those who actually read the text or viewed Mr Sunol's YouTube clip were more or less responsive than ordinary internet users to his statements. First publication 58 In relation to the first publication, referring to people as "criminals", and saying that they have been "drug dealing and sexually assaulting young children in the Mardi Gras" are extremely serious allegations. While Mr Sunol says that he knows such people are involved in these activities he has not provided any details about those allegations and has effectively accused all those running the Mardi Gras of these crimes. There is a very high level of social stigma attached to being accused of being a paedophile and/or a drug dealer. Mr Sunol goes on to urge that these people be prosecuted and subjected to criminal checks and investigations. Accusing people of such serious crimes and urging that action be taken against them, has the capacity or effect of inciting an ordinary internet user to hatred and/or serious contempt for those people. 59 The publication relates to those who "run"' the Mardi Gras and the Mardi Gras "leaders". We take judicial notice of the fact that the vast majority of people who organise and participate in the parade (and the Sleaze Ball) are homosexual. In Burns v Sunol [2012] NSWADT 246 at [57], the Tribunal held that such statements targetting "the leaders" or "those who run" the Mardi Gras do not incite hatred, serious contempt or severe ridicule "on the ground of homosexuality". The Tribunal said: We recognise that these rulings differ from the rulings given on broadly similar publications by the Tribunal in Collier v Sunol [2008] NSWADT 339. But it does seem to us that vilificatory statements referring specifically to the 'leaders' or 'those who run' the Mardi Gras should not be viewed as applying to everybody involved in the Mardi Gras. Equally, such statements do not necessarily imply that the 'leaders' or 'those who run' the Mardi Gras should be the objects of hatred and/or serious contempt solely or substantially on account of their homosexuality. This may in fact be Mr Sunol's opinion, but his opinion is not the issue to be determined. What matters is the message that his words conveyed. 60 The subsequent decision in Jones v Trad [2013] NSWCA 389 clarified the causation test. The test is not whether homosexuality was the sole or a substantial basis for the incitement. It is sufficient if homosexuality is one of the real, genuine or true reasons for the incitement: Jones v Trad supra at [98]; Nicholls & Nicholls v Director-General Department of Education and

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