ACAT rules John Sunol vilified homosexual community in social media posts

The ACT Civil and Administration Tribunal has published its decision against John Sunol, finding a number of his social media posts targeting homosexuality and one particular man were unlawful vilification.

Mr Sunol lost a bid to have the case thrown out in June of last year.

Tribunal senior member Robert Orr said comments made by Mr Sunol were not only offensive to the individual and the homosexual community "but incited hatred against them".

Mr Orr ordered him to remove a number of social media posts, not repeat or continue the publication of those posts and pay another man $4000.

The tribunal heard in June Mr Sunol had published nearly 220 Twitter and YouTube posts attacking homosexuality.

"God has allowed Satan to bring the curse of COVID-19 to the world due to the wickedness of same-sex marriage and other gender-based issues," one post said.

"I'm proud to be homophobic and I'll encourage others to do the same," another post said.

Further, Mr Sunol targeted a particular man's website with "vile and disgusting posts in the comments section", and harassing emails, phone calls and texts.

The tribunal also ordered him to post a statement referencing the decision on any social media account or website under his name within six months and keep it online for a period of six months.

Part of that statement said: "John Sunol has been found to have vilified a person and group of people on the ground of their homosexuality."

The man targeted in Mr Sunol's posts initially complained to the ACT Human Rights Commission in 2020.

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Mr Orr said the "seemingly unrelenting harassment and bullying" of the victim caused him "significant apprehension, anxiety and distress ... fear of ridicule, scorn and even violence".

While the tribunal did not order Mr Sunol to apologise, Mr Orr said it was his view that the man should.

"It is clear to me that any compelled apology would not reflect his true beliefs," Mr Orr said.

Mr Sunol previously said in tribunal proceedings that he identified with the Christian faith and the "Catechetical teachings of the Catholic Church".

Mr Sunol, who stated he "never will accept any court orders", has not offered any apology and shown no recognition for his unlawful actions.

The man previously argued his comments could not be vilification under freedom of religion and freedom of speech.

He recently claimed through his Twitter account that he would appeal the decision, which he called "unbelievable".

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