Man becomes first to be convicted of hate speech against trans people in NSW | New South Wales

A New South Wales man who called for violence and posted a “call to genocide” on social media has become the first person in the state to be convicted of hate speech against trans people.

Thomas Fordham, 27, was given a 12-month community corrections order for his offense in Sydney Central local court on Wednesday; Judge Christopher Halburd accepted he had “numerous” mental health problems.

According to court documents, Fordham posted a series of comments on his YouTube accounts between March and May 2024, including some videos by American influencer and transgender activist Mercury Stardust. The comments came in response to videos about LGBTIQ+ issues.

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One comment read: “We should have a genesis [sic] and kill Al [sic] Transgender people,” according to court documents.

The comments were quickly removed by the website, but Halburd said in a statement Wednesday that that did not negate Fordham’s “serious” culpability in publishing them.

“In fact, this is an invitation to genocide on social media,” Halburd said.

“These were advice addressed to a group of people scattered around the world.”

At the sentencing hearing Wednesday, Fordham’s attorney, Allan Goldsworthy, said his client was targeted with “Old Testament religious material” on YouTube.

“In his opinion… he is doing the right thing by quoting God’s word,” he said.

Goldsworthy said his client, who received NDIS support, was socially isolated and “underperformed intellectually”.

He said Fordham received “very special treatment” and showed insight into “what he can and can’t say on the internet and how that might affect others.”

He noted a clinical psychologist’s report that said subsequent therapeutic interventions would focus on helping Fordham develop “flexible thinking skills” and consider “multiple perspectives beyond his initial assumptions.”

Halburd acknowledged that Fordham has significant mental health disorders, including intellectual developmental disorder, depression, post-traumatic stress disorder and ADHD.

If these problems didn’t exist, he said, Fordham would “go straight to jail.”

Halburd also said that significant concerns have been expressed in recent years about the impact of social media on people and the impact of algorithms that encourage violence.

Police initially charged Fordham with 25 alleged crimes but all but two were later withdrawn.

Fordham pleaded guilty to two charges: threatening or inciting violence on the basis of gender identity (which carries a potential penalty of three years in prison and an $11,000 fine) and failing to comply with a digital evidence access order.

This conviction was the first successful investigation into gender identity defamation in the state since existing laws went into effect in 2018.

Katie Green, chief executive of the Inner City Law Centre, which advises LGBTQI+ clients, said such crimes were not uncommon but many people did not report it to the police.

Green said that in cases where customers complain about online comments, the law center will send a letter to the author and threaten action if he does not remove the posts.

It is illegal in New South Wales to threaten or incite violence because of race, religion, sexual orientation, gender identity, intersex or HIV/Aids status.

According to statistics provided by the NSW Bureau of Crime Statistics and Investigations, the state has recorded three criminal findings related to race and religion under these laws.

The conviction comes as the NSW government this week announced reform to combat displays of Nazi ideology following a neo-Nazi rally outside the state parliament earlier this month.