possible effect. In the 2012 decision, the Tribunal highlighted the potential ambiguity of the terms "capable" and "capacity" but applied the test in the alternative. For example, at [42] the Tribunal concluded that each of the publications has the "capacity to incite" or the "effect of inciting" the relevant emotions. Hatred, serious contempt and severe ridicule 25 The words "hatred", "contempt" and "ridicule" are to be given their ordinary English meaning, keeping in mind that the words "contempt" and "ridicule" are qualified by the adjectives "serious" and "severe" respectively. These adjectives call for an evaluative judgment on the part of the tribunal of fact: Tenzin Dhayakpa v The Minister for Immigration and Ethnic Affairs [1995] FCA 1653; (1995) 62 FCR 556. Causation 26 The phrase "on the ground of" does not require the homosexuality of the person or group in question to be the sole or a substantial reason for the incitement. It is sufficient if homosexuality is one of the real, genuine or true reasons: Jones v Trad supra at [98]; Nicholls & Nicholls v Director-General Department of Education and Training (No 2) [2009] NSWADTAP 20 at [37]. Conclusion 27 Based on these decisions, as a general principle, vilification provisions should be interpreted conservatively in keeping with the high value that the common law places on freedom of expression: Sunol v Collier (No 2) [2012] NSWCA 44 at [59]; Jones v Trad [2013] NSWCA 389 at [27]. When considering whether a matter is in breach of s 49ZT(1), the following questions need to be addressed: (1) What is the relevant act and is that act a "public act"? (2) Does that act incite serious hatred towards, serious contempt for or severe ridicule of a person or group of people? (3) Is the incitement on the ground of the homosexuality of the person or members of the group? 28 In relation to the second question, the following principles of construction should be applied: (1) Incite means to rouse, to stimulate, to urge, to spur on, to stir up or to animate and covers conduct involving commands, requests, proposals, actions or encouragement.