Key Case Studies Flashcards
Walsh v Hanson (2000) summary
complaint alleged racial discrimination following publication of ‘Pauline Hanson, The Truth’, claimed ‘Aboriginal people were savages who ate babies’. Complaint was dismissed due to 18D, respondent had not acted unlawfully
Jones v Toben (2000) summary
the Adelaide Institute published material on its website that appeared to deny the Holocaust. Complainant said he had received complaints from distressed child of a Holocaust survivor and others who found the content insulting and derogatory
Bropho v HREOC and Anor (2005) summary
complaint was about a cartoon, published in the West Australia newspaper, depicting Yagan, an ancestor of the Indigenous complainants, who became subject of legal proceedings to arrange the return of his head from London. The cartoon depicted the head of Yagan saying ‘Crickey, give me a warm beer
Eatock v Bolt (2011) summary
Federal Court upheld complaint against columnist Andrew Bolt.
Complainant alleged the articles conveyed offensive messages about fair-skinned Aboriginal people, implying they were not genuinely Aboriginal and were using Aboriginality to access benefits
Federal Court concluded that respondents had not acted reasonably and in good faith
Kelly-Country v Beers (2004) summary
satirical performer who purported to be an Aboriginal person called ‘King Billy Coke Bottle’
Court noted that while act may have been offensive or insulting, it fell under category of artistic work under 18D
Lange v ABC (1997) summary
upheld existence of implied freedom of political communication in Australian Constitution
Plaintiff subject to Four Corners documentary, didn’t like what they exposed
brought forward defamation case
defendant was allowed to state facts about plaintiff if they were true despite whether they affect plaintiff badly.
