What is the relevant act and is that act a "public act" of Mr Sunol's? 43 The relevant acts have been set out above. Each of the publications on Mr Sunol's web page are public acts within the definition of that term in s 49ZS. They are communications to the public because any member of the public can access Mr Sunol's blog and read text and view videos that are on that website: Jones v Toben [2002] FCA 1150 per Branson J at [73] - [75]. 44 Mr Sunol denies ever writing the word "faggot" (a highly pejorative term for a gay male) on his website. He says he only uses that word in emails and letters. Despite Mr Sunol's denials, the word "faggot" appears on his blog in surrounding text which Mr Sunol does not deny writing. We are satisfied that he wrote that word wherever it appears. 45 The eighth publication is partly a response to a post by "Rodney" saying, "Are the police wanting to talk to you about harassing Mr Burns? Mr Sunol if I was you I'd settle all matters with Burns and move on with your life. Burns is not going away." We reject Mr Sunol's submission in relation to the eighth publication that: I was speaking to this man via email who was crating trouble and to stir me up. Yes I did say it but not to the public and it is only an private conversation and would hurt no one; I was angry with Gary who abuses the law and is out to take me to court to gain money unethically and through false accusations. 46 Contrary to Mr Sunol's assertion, we are satisfied that Mr Sunol wrote these words on his website. They constitute a public act. 47 In relation to the ninth publication, this comment is part of a longer post to "John Ellis" apparently responding to a message that he sent via the website. Again Mr Sunol denies writing this comment on his website. In a letter to the President of the Anti-Discrimination Board he says: Another private conversation with a person who put online what I wrote in reference to and it is being used to set me up and I believe that Gary is part of this. 48 We are satisfied from the print out provided by Mr Burns that Mr Sunol published this comment on his publicly accessible website and that it is a public act. 49 The fifth publication is a letter to Mr Burns. It is not a public act because it is a private letter addressed to Mr Burns. This part of Mr Burns' complaint is not substantiated. 50 In relation to the eleventh publication, this email was sent by Mr Sunol to Tony B who forwarded it to Mr Burns. Neither the sending of the email to Tony or the forwarding of that email to Mr Burns is a public act. Mr Burns says that the email was then "printed via a public act on zgeek's." It is clear from the print