The argument proposes a three question test approach to determining Hate Speech.
This includes:
Does the piece amount to advocacy of hatred that is based on race, ethnicity, gender or religion? If not, the complaint must be rejected.
If so, does the piece constitutes incitement to cause harm? If not, the complaint must be rejected.
If so, is there some overarching public interest that justified the publication of the piece? If so, the complaint must be rejected.
We are currently awaiting ruling on the appeal case.