But the Judge was very precise in his ruling, which could be read to suggest that minus the inflammatory language and inclusion of an iota of good faith, Bolt, or others, may question matters of racial identification without undue fear of being dragged to court. Seems reasonable. It also seems that the judgment could just as easily have gone the other way. A suitable penalty is pending, with a possible appeal to the High Court, if the boss is prepared to continue to pick up Bolt's legal bill.
Fairfax takes a different tack, declaring that Bolt has been delivered a “stinging judgment”. Meh. Not really.Justice Mordy Bromberg found Bolt and the Herald and Weekly Times contravened the Racial Discrimination Act by publishing two articles on racial identity which contained "errors in fact, distortions of the truth and inflammatory and provocative language".Justice Bromberg said it was important to note his judgment did not forbid debate or articles on racial identity issues if done "reasonably and in good faith in the making or publishing of a fair comment"."Nothing in the orders I make should suggest that it is unlawful for a publication to deal with racial identification, including by challenging the genuineness of the identification of a group of people," Justice Bromberg said.
The Age does a happy dance over Bolt loss