Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Silberberg v The Builders Collective of Australia Inc [2007] FCA 1512
RACIAL DISCRIMINATION – where messages posted on to an Internet discussion forum contained material causing offence and distress to the applicant because of his Jewish race and ethnicity – the party posting the offensive material did so in breach of Pt II of the Racial Discrimination Act 1975 (Cth) – whether organisation which controls and manages the Internet website also acted unlawfully by publishing or allowing material to be published – organisation's failure to remove material was an 'act' reasonably likely to offend the applicant but cannot be shown to be attributable to his race or ethic origin
Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PH(1)(i), s 46PO Racial Discrimination Act 1975 (Cth) Part IIA, s 3(3), s 18B, s 18C, s 18D and s 18E Australian Broadcasting Corporation v Comalco Ltd (1986) 12 FCR 510 referred to Bishop v State of New South Wales [2000] NSWSC 1042 referred to Bunt v Tilley [2006] 3 All ER 336; [2006] EWHC 407 (QB) referred to Byrne v Deane [1937] 1 KB 818 referred to Cooper v Universal Music Australia Pty Ltd (2006) 156 FCR 380 referred to Creek v Cairns Post Pty Ltd (2001) 112 FCR 352 cited Dow Jones & Company Inc v Gutnick (2002) 210 CLR 575 cited Frawley v State of New South Wales [2006] NSWSC 248 referred to Godfrey v Demon Internet Ltd [2001] QB 201, [1999] 4 All ER 342; [2000] 3 WLR 1020 cited Hagan v Trustees of Toowoomba Sports Grounds Trust [2000] FCA 1615 cited Jones v The Bible Believers' Church [2007] FCA 55 followed Jones v Toben [2002] FCA 1150, (2002) 71 ALD 629 followed Jones v Scully (2001) 120 FCR 243 cited Kaplan v Go Daddy Group [2005] NSWSC 636 referred to Thompson v Australian Capital Television (1996) 186 CLR 574 applied Toben v Jones (2003) 129 FCR 515 referred to Universal Music Australia v Cooper Pty Ltd (2005) 150 FCR 1 referred to Urbanchich v Drummoyne Municipal Council (1991) Aust Torts Reports 81-127 referred to RON SILBERBERG v THE BUILDERS COLLECTIVE OF AUSTRALIA INC AND KEN BUCKLEY ACD 34 OF 2006
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