The Judgment
Justice Gyles held that the forum postings conveyed the anti-Semitic imputations alleged by Silberberg, and that the forum user (the second respondent) had posted the comments because of Silberberg's Jewish background. He held that the messages were reasonably likely, in all the circumstances, to offend and insult Silberberg or other Jews, and that their posting contravened section 18C of the Racial Discrimination Act 1975 (Cth).
Justice Gyles held that the Collective had knowledge of the presence of one of the offensive postings in the forum (which they had denied), and had failed to remove it. However, there was no evidence that they had failed to remove it because of the Jewish race or ethnicity of Silberberg, as required by the Racial Discrimination Act 1975 (Cth). The case against the Collective was dismissed with Silberberg to pay some of the Collective's costs.
Read more about this topic: Silberberg V The Builders Collective Of Australia Inc.
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