Jones v Evans [2006] FCA 320

FEDERAL COURT OF AUSTRALIA

Jones v Evans [2006] FCA 320 JEREMY JONES v RODNEY ANDREW EVANS NSD 855 OF 2005 EMMETT J 6 FEBRUARY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD855 OF 2005

BETWEEN: JEREMY JONES

APPLICANT

AND: RODNEY ANDREW EVANS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 6 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Grants leave to the applicant to file an amended application substituting Rodney Andrew Evans, the editor and publisher of The Nation, as Respondent. 2. Declares that the Respondent has engaged in conduct rendered unlawful by Part IIA Section 18C of the Racial Discrimination Act by having published or allowing to the published in 'The Nation – The Official Newspaper of One Nation' Volume 4, Edition 10: (i) a cartoon on page 3, and (ii) an article accompanying the said cartoon headed 'Kiddie porn to be used as net censorship ploy', being material which is offensive, insulting, humiliating and intimidating to Jewish people ('the Material'). 3. Orders that the Respondent be restrained from publishing or republishing to the public by itself or by any agent or employee: (iii) The Material or any part thereof; (iv) Any material with a substantially similar content to the Material. 4. Orders that the Respondent forthwith deliver to the Applicant, Jeremy Jones, a written statement of apology, signed by the Respondent, in the following terms: 'Mr Rodney Andrew Evans hereby unreservedly and unconditionally apologises to you and to the Australian Jewish community for having published material in contravention of the Racial Discrimination Act. I undertake that I will not publish any such material in the future and that all such material which is presently published by The Nation, in any print or electronic media (including the Internet) will forthwith be withdrawn from publication.' Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.