(2) It is not necessary for a contravention that a person actually be incited. The test is an objective one. (3) It is not sufficient that the speech, conduct, or publication concerned conveys hatred towards, serious contempt for, or serious ridicule of homosexuals; it must have the capacity or effect of inciting such emotions in an ordinary member of the class to whom it is directed. (4) If there is specific evidence about the audience, it will be necessary to make a finding of fact as to the nature of the audience to whom the public act is directed. (5) It will also be necessary to consider whether the public act would reach the mind of an ordinary member of that audience as something that would encourage the requisite emotion. COMPLAINTS OF HOMOSEXUAL VILIFICATION Introduction 29 The period of the complaint is 9 November 2012 to 2 January 2013. Mr Burns complains that several publications on a blog www.johnsunol.blogspot.com.au, and letters and emails Mr Sunol wrote, breach s 49ZT. We have set out the texts verbatim including all spelling and grammatical errors. In some cases we have included immediate context and bolded the relevant parts. As was said in the Tribunal's 2012 decision at [32], the message that the publication conveys must be determined in isolation, without reference to the messages conveyed by any of the other publications. But each publication must be read in context. Content of publications 30 First publication - 9 November 2012, text on website: Church cover up over child sex abuse in Newcastle Cathlic church and other places Yes I do agree that some preisets have been in cover ups over child sex abuse and being aired lately but how much more those criminals that run that Sydney gay and Lesbian Mardi Gras have been in over drug dealing an sexually assualting young children in this Mardi Gras in Sydney in March each year. Then the criminals that run this event get prosecuted for the intensive child abuse and drug dealing in this annual this event these form of accuasions are very serious and need to cover all walks of society and any child abuse anywhere needs to be prosecuted and broughth before the courts on criminal charges by the state police. Then do a Royal commission on child sex abuse in all walks of society,