A Sydney court has dismissed an application brought by Binary CEO Kirralie Smith to challenge an Apprehended Personal Violence Order that was issued to protect transgender woman Stephanie Blanch.
The two-year Apprehended Personal Violence Order (APVO) granted against the anti-trans activist by Judge Wass SC in NSW District Court last year.
Blanch, a soccer player from regional NSW has been the target of sustained online abuse by Smith and her anti-trans organisation Binary Australia. Smith’s 100,000-strong online following was repeatedly mobilised to target Blanch. Judge Wass SC classed the online conduct as a “sustained campaign of belittling, harassment and intimidation.”
Blanch was represented in the case by the Inner City Legal Centre who said the case was one that tested the limits of the freedom of speech and political communication against the right to live free from harassment. They say in putting a firm line between free speech and online targeted harassment the Court found Smith’s arguments “unpersuasive”.
In a tweet broadcast to nearly 40,000 people, Smith called for “men from the Mid North Coast” to help with “the bloke playing on the women’s team in Wingham.”
Smith called her comments political commentary, but Judge Wass called it: “highly intimidatory,” “objectively harassing,” and “unnecessarily cruel.”
The Judge slammed a reference Smith made to Blanch as a ‘bloke in a frock’, as “a personal, derogatory, humiliating and degrading statement.”
Smith’s “free speech” defence was rejected, as Judge Wass SC confirmed that “just because a statement or conduct can be characterised as political, does not preclude it from being intimidation or harassment.”
The Court’s ruling on Friday said “We would reach the same conclusion with respect to the primary judge’s finding that the conduct in making the posts involved ‘ongoing behaviours which were objectively threatening'”.
ICLC Principal Solicitor Karen Beashel said the decision has wide-reaching implications, not just for vulnerable minorities.
“All residents of NSW have a right to live their lives without being targeted, harassed or intimidated. The decision confirms online harassment (even if dressed as ‘political commentary’) can and will justify the making of an APVO.”
The decision is seen as a landmark case in the definition of cyberbullying, online harassment and intimidation, clarifying that physical contact is not a requirement for an APVO to be issued.
In the original judgement, Smith, who has not been convicted of any crime, was ordered not to assault, threaten, stalk, harass, intimidate, approach or contact the woman until December 2026. Smith also must not approach two mid-north coast football clubs for the same period.
In a social media post Smith denied she had encouraged other people to target Blanch, arguing that the court case was an attempt to stop her “advocacy”.
“I guess if they can redefine the word “woman” why wouldn’t they redefine the word “violence”?” Smith wrote online.
Prior to becoming the leader of Binary Australia Smith was a prominent member of the Q Society and a campaigner against Islam and halal certification on food. She stood as a candidate for the short lived right wing party Australian Liberty Alliance.
She later joined Cory Bernardi’s Australian Conservatives party but stood down as a candidate before the 2019 election.
Smith’s organisation Binary Australia morphed out of the previous group The Marriage Alliance, who were a leading voice in the campaign against marriage equality.
They are remembered for their controversial advertisements that included people in rainbow nooses, giant icebergs and claims that children without male parents were more likely to end up using drugs, in prison or committing sexual assaults.
