"Whether conduct is reasonably likely to offend, insult, humiliate or intimidate a group of people calls for an objective assessment of the likely reaction of those people. I have concluded that the assessment is to be made by reference to an ordinary and reasonable member of the group of people concerned and the values and circumstances of those people. General community standards are relevant but only to an extent."
"The reasons for that conclusion have to do with the manner in which the articles were written, including that they contained errors of fact, distortions of the truth and inflammatory and provocative language."
"Much has been made of the findings about errors of fact. Errors are always unfortunate and sometimes egregious but in this case they are hardly the central point. Some of what Bromberg cites as factual error is more a matter of emphasis. It is a canard to suggest the case was about disputed facts: it was about apparent offence caused by Bolt's controversial and strongly worded opinion."
“deserves careful study and community discussion”