Silberberg v The Builders Collective of Australia Inc,[1] is a 2007 judgment of the Federal Court of Australia, and the first Australian case exploring the liability of Internet forum operators for racial vilification under the Racial Discrimination Act 1975.
In May 2005 and January 2006, a registered user of the forum posted messages which suggested that Silberberg's Jewish background was responsible for a perceived unhealthy monetary focus on the part of the HIA.
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).