RELIGIOUS VILIFICATION - CASE STUDIES

The following case studies are based on matters which have been received by the Anti-Discrimination Commission Queensland. They are provided as a guide to the range of outcomes which can be achieved, and kinds of issues raised.

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Deen v Lamb [2001] QADT 20 (8 November 2001)

President Sofronoff

The case relates to the views expressed in an election pamphlet distributed by Mr Lamb who was a candidate in the federal election held in December 2001. The pamphlet contained some of Mr Lamb’s opinions which included views about the content of the Koran, and about people who believe in its teachings. A complaint was lodged by Mr Deen who is a Muslim and the Chairman of the Islamic Council of Queensland. He applied for interim relief by prohibiting further publication of the pamphlet.

President Sofronoff was of the opinion that Mr Lamb had, by distributing the pamphlet (a public act) incited serious contempt and hatred for Muslims as a whole.

However, the defence in section 124A(2)(c) applied. This defence provides that it is not unlawful to do a public act with the relevant tendency to incite, provided it is done reasonably and in good faith for a purpose in the public interest, including public discussion or debate and exposition of any matter.

The President stated :

'"It is plain that...the legislature did not intend to stifle debate, even acrimonious debate, upon matters of public interest and importance...even acts and publications that do indeed incite hatred, serious contempt and severe ridicule are to be tolerated provided certain conditions are met. One of those conditions is that the person acts in good faith.'

It was found that Mr Lamb had produced and distributed the pamphlet in good faith. The pamphlet had been published by him in order to persuade electors, by a disclosure of his opinions, that he deserved their vote.

The President noted that 'the public has an interest in knowing the opinions of candidates, even when those views are unreasonable, unsupported, one-sided or even plainly wrong.'

The application for interim relief was dismissed.

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This information is intended as a guide only. It is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or Teletypewriter 1300 130 680 statewide.