Case note - Applying an unequal balance: Freedom of expression and religious vilification in Catch the Fire Ministries Inc & Ors v Islamic Council of Victoria Inc

Klose, Joshua (2010) Case note - Applying an unequal balance: Freedom of expression and religious vilification in Catch the Fire Ministries Inc & Ors v Islamic Council of Victoria Inc. Queensland Law Student Review, 3 1: 56-72.

Author Klose, Joshua
Title Case note - Applying an unequal balance: Freedom of expression and religious vilification in Catch the Fire Ministries Inc & Ors v Islamic Council of Victoria Inc
Formatted title
Case note - Applying an unequal balance: Freedom of expression and religious vilification in Catch the Fire Ministries Inc & Ors v Islamic Council of Victoria Inc
Journal name Queensland Law Student Review
ISSN 1835-7253
Publication date 2010
Sub-type Article (original research)
Volume 3
Issue 1
Start page 56
End page 72
Total pages 17
Place of publication St Lucia, QLD, Australia
Publisher TC Beirne School of Law
Language eng
Abstract In 2002, persons associated with the Christian evangelistic organisation Catch the Fire Ministries Inc made a series of inflammatory statements directed against Muslims and Islam. The subsequent litigation under the Racial and Religious Tolerance Act 2001 (Vic) provided a unique test case for the application of the Victoria’s new religious anti-vilification laws. This case note analyses the 2006 decision of the Victorian Court of Appeal in Catch the Fire Ministries Inc & Ors v Islamic Council of Victoria Inc, the first ruling of a superior court of record on religious anti-vilification legislation in Australia. The Court’s decision substantially clarified the interpretation of the relevant legislation and its relation to other Australian anti-vilification and anti-discrimination laws. However, the case also illustrates that, while the Victorian legislation purports to balance freedom of expression and freedom from vilification, it effectively gives precedence to preventing vilifying conduct.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: ERA 2012 Admin Only
School of Historical and Philosophical Inquiry
 
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Created: Mon, 30 Jan 2012, 13:44:07 EST by Kimberly Dobson on behalf of School of Historical and Philosophical Inquiry