Eatock v Bolt [2011] FCA 1103 (includes summary)

FEDERAL COURT OF AUSTRALIA

Eatock v Bolt [2011] FCA 1103 Citation: Eatock v Bolt [2011] FCA 1103

Parties: PAT EATOCK v ANDREW BOLT and THE HERALD AND WEEKLY TIMES PTY LTD (ACN 004 113 937)

File number: VID 770 of 2010

Judge: BROMBERG J

Date of judgment: 28 September 2011

Catchwords: HUMAN RIGHTS – Part IIA Racial Discrimination Act 1975 (Cth) – offensive conduct based on race – newspaper articles and online blog articles – principles for determining imputations conveyed by articles – conventional meaning of "Aboriginal" – whether Part IIA of the Racial Discrimination Act restricted to conduct based on racial hatred – objectives of Part IIA discussed – s 18C(1)(a) – whether articles were reasonably likely to offend, insult, humiliate or intimidate – whose reaction is to be assessed – relevance of community standards – "in all the circumstances" – "reasonably likely" – "offend, insult, humiliate or intimidate" – s 18C(1)(b) – whether articles written and published "because of" race, colour or ethnic origin – test for causal nexus discussed – "race, ethnic origin and colour" – whether Australian Aboriginal people are a race or are of common ethnic origin – s 18D exemption – burden of proof – "reasonably and in good faith" – s 18D(c)(ii) – requirements of fair comment defence – distinguishing between fact and comment discussed – s 18D(b) – meaning of "genuine purpose in the public interest" – contravention of s 18C found – Relief – declaration - whether apology should be ordered – whether prohibition of republication of articles should be ordered – whether removal of articles from online archive should be ordered. PRACTICE AND PROCEDURE – whether claims clearly raised by pleadings – whether claims "in the ring".