Ekermawi v Jones (No 3) [2014] NSWCATAD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ekermawi v Jones (No 3) [2014] NSWCATAD 58 Hearing dates: 21 & 22 October 2013 Decision date: 08 May 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President J Schwager, General Member D Kelleghan, General Member Decision: 1. The applicant's complaint is substantiated, in part. 2. Within 28 days the respondents are to pay the applicant damages in the sum of $10,000. 3. Within 28 days the respondents are to publish an apology. The apology is to be made between 6.00 am and 6.30 am on a week day by Mr Jones saying, and Harbour Radio Pty Ltd broadcasting, on Radio 2GB the following words: "This apology is made as a result of an order made by the NSW Civil and Administrative Tribunal on 8 May 2014. On 8 December 2005, on my breakfast program on Radio 2GB, I was discussing reports in the media about racial tensions between people thought to be of Arab or Middle Eastern background and surf life savers at Cronulla Beach. In the course of that discussion I read out an email from a listener. The NSW Civil and Administrative Tribunal has found that by reading this email, I and Radio 2GB, have racially vilified Arabs in breach of the Anti-Discrimination Act. I apologise for reading that email. I acknowledge that the words that I used vilified Arabs in breach of the Anti-Discrimination Act. The aim of that Act is to promote tolerance, understanding and acceptance of people regardless of their race. I also apologise on behalf of Radio 2GB." 4. The applicant's application for costs is refused. 5. The respondents' application for costs is refused. Catchwords: ANTI-DISCRIMINATION - racial vilification - meaning of racial vilification provisions of the Anti-Discrimination Act 1977 Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Defamation Act 2005 Cases Cited: Barry v Futter [2011] NSWADT 205 Blackman v Federal Commissioner of Taxation (1993) 30 ALD 346 Bropho v Human Rights & Equal Opportunity Commission [2004] FCAFC 16; (2004) 135 FCR 105 Burns v Corbett [2013] NSWADT 227 Burns v Cunningham [2011] NSWADT 240 Burns v Dye [2002] NSWADT 32 Burns v Laws (No 2) [2007] NSWADT 47 Catch the Fire Ministries Inc v Islamic Council of Victoria Inc [2006] VSCA 284; (2006) 15 VR 207 Ekermawi v ADT [2009] NSWSC 143 Ekermawi v Jones [2008] NSWADT 93 Ekermawi v Jones and Harbour Radio Pty Ltd [2010] NSWADT 262 Ekermawi v Jones and Harbour Radio Pty Ltd [2011] NSWADT 280 Ekermawi v Jones and Harbour Radio Pty Ltd [2013] NSWADT 79 GLBTI v Wilks [2007] QADT 27 Hall v Sheiban (1985) ALR 503 John Fairfax Publications Pty Ltd v Kazak [2002] NSWADTAP 35 Jones and Anor v Ekermawi (No. 2) (Costs) (EOD) [2013] NSWADTAP 18 Jones and Harbour Radio Pty Ltd v Trad [2011] NSWADTAP 19 Jones v Ekermawi [2009] NSWCA 388 Jones v Ekermawi [2012] NSWADTAP 50 Jones v Trad [2013] NSWCA 389 Kazak v John Fairfax Publications Limited [2000] NSWADT 77 McGlade v Lightfoot [2002] FCA 1457 Nicholls & Nicholls v Director-General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Sunol v Collier (No 2) [2012] NSWCA 44 Trad v Jones & anor (No 3) [2009] NSWADT 318 Trad v Jones (No 3) (EOD) [2013] NSWADTAP 13 Veloskey v Karagiannakis [2002] NSWADTAP 18 Category: Principal judgment Parties: Sam Ekermawi (Applicant) Alan Jones (First Respondent) Harbour Radio Pty Ltd (Second Respondent) Representation: P Batley (Applicant) K Eastman SC (First and Second Respondents) Legal Aid NSW (Applicant) Baker & McKenzie (First and Second Respondents) File Number(s): 101021