Toben v Jones FCAFC 137

June 27th, 2003

Brief outline from the FOC report:

HUMAN RIGHTS AND DISCRIMINATION LAW – RACIAL DISCRIMINATION – appeal from declaratory orders made to enforce determination of Human Rights and Equal Opportunity Commission that material published by the respondent racially vilified Jewish people – whether the primary judge erred in concluding that the material was reasonably likely to offend, insult, humiliate or intimidate Jews in Australia and that whether the publication was done `because of’ the race or ethnic origin of a group of people – the meaning of `because of’ – whether publication done reasonably and in good faith for any genuine academic or other genuine purpose in the public interest.

Toben v Jones [2003] FCAFC 137