Offensive behaviour is unlawful if it is reasonably likely to offend, insult, humiliate or intimidate another person or a group of people and the act is done because of the race, color or national or ethnic origin of the other person or some or all of the people in the group. An act is deemed to be public if it causes words, sounds, images or writing to be communicated to the public, is done in a public place or is done in the sight or hearing of people who are in a public place.
Public place includes any place to which the public access as a right or by invitation.
The access may be express or implied and does not depend on an admission price being charged. The Act protects free speech by providing several exemptions to its provisions. An employer will be vicariously liable for the unlawful acts of an employee or agent performed in connection with their work duties, unless the employer can show that he or she took all reasonable steps to prevent the employee or agent from doing the unlawful act. The complainant alleged that the use of these terms is insulting and offensive to English people. The Race Discrimination Commissioner declined to investigate the complaint on the grounds that the act did not meet the objective standard prescribed by the Racial Hatred Act .