Murtagh is the only person to have been charged in WA with publication of material to incite racial hatred, which carries a five-year maximum jail term.
He also is the first to test Australias powers to police racist social media posts.
Jason Murtagh, now clean-shaven, outside court. Credit:Aja Styles
WA introduced racial vilification laws, under which Mr Murtagh was charged, in 2004.
While other states have comparable laws, WA is the only state to detail conduct likely to incite racial animosity or racist harassment which in this case was the publication of online material.
New South Wales, South Australia, Queensland and Tasmania have recorded no convictions for inciting racial hatred, so far, with two cases currently before NSW courts. Queensland legislation that covers racial vilification is currently being examined by a Parliamentary inquiry.
The Australian National University College of Law senior lecturer Dr Faith Gordon said cyber-racism was incredibly difficult to prosecute but had become more prevalent with the rise of social media.
More people are looking into its effects and how it relates to the law because right now it is challenging to advocate on behalf of victims when the perpetrators are anonymous online, she said.
It is extremely difficult to provide victims with adequate redress after the damage is already done.
Murtagh was found guilty, with the court accepting he didnt have to be racist or intend to racially vilify to have committed a crime that was utterly deplorable. But he did not have to serve jail time.
In light of the unusualness of the case and Murtagh not being in the league of an entrenched Nazi sympathiser or white supremacist, with no prior record of such behaviour, Fremantle Magistrate Adam Hills-Wright last Monday deemed a $4000 fine appropriate.
Jason Murtagh said he created the Gab profile as research for a novel. Credit:Gab
After losing his job, the 51-year-old bar manager admitted to spending COVID-19 lockdown in early 2020 posing online as a white supremacist.
He created Woden the Bogan, a man of a similar age to himself but an ex-con, living rurally, who had supposedly served in the military and married three times, with five sons and two daughters.
However, Murtagh told his arresting officers that he was gay and he created the Woden profile to do research for a fantasy novel or game about an extremist father who goes on a journey of redemption upon discovering his son is homosexual.
Murtaghs defence lawyer Ken Robson told the court that while ill-advised, his clients posts were designed to engage with and get into the minds of racists for a genuine artistic purpose.
There is a loophole in the law regarding artistic purposes.
Senior Constable Day said Murtaghs writings after posting on Gab were bizarre.
For 17 years Murtagh worked at the Fly By Night, but his indecision over his lifes direction after failing to complete a fine arts degree at university, a spiralling prescription drug addiction and alcoholism meant his shifts dwindled.
Mr Murtaghs online persona posted to Gab.Credit:Gab
He told the court late last year that he felt incredibly stupid and ashamed over the racist social media posts but denied he was a racist.
To my shame I became fascinated by the amount of followers it accrued, he said.
Murtagh also described being brought up with appreciation for other cultures.
His 43-year-old sister, Niomi Rebecca Hunt, said he got along with the Indigenous boys she dated from the age of 14 to 17.
Jasons definitely not a racist, she said.
Ms Hunt admitted she hadnt seen her brothers posts but said they didnt change her opinion of her brother.
Witness Kelvin Blundell, whose wife is Filipino, didnt believe his friend of 25 years was racist despite the posts because he was one of the most accepting, non-judgemental and caring people he knew.
Mr Robson said his client wasnt a racist but someone who struggled with opiates and alcohol while living a lonely and solitary existence since losing his job.
Magistrate Hills-Wright said the multitude of references from people who knew Murtagh not to hold racist views made his behaviour all the more curious.
Loading
Mr Hills-Wright noted creative storytelling and not telling the truth as factors to your offending and called Murtagh an unusual accused.
He was also sentenced for making 34 false reports to police about non-existent violent crimes, while drunk, in the years leading up to his online posts.
Murtagh was ordered to undergo alcohol and substance abuse programs, while checking in with police, for two years to avoid his 15-month jail sentence.
Read more:
Woden the Bogan tests Australian power to police online racism - WAtoday
- Manzi: Ducati teams wanted me to be disqualified, mistakes ... - Crash - July 21st, 2023 [July 21st, 2023]
- Today in History: July 24, Apollo 11 returns home from the moon - Plainview Daily Herald - July 21st, 2023 [July 21st, 2023]
- McClellan: A trip to Scotland reveals a family motto that is just right - St. Louis Post-Dispatch - July 21st, 2023 [July 21st, 2023]
- AMD CEO will consider other foundries besides Taiwan ... - Seeking Alpha - July 21st, 2023 [July 21st, 2023]
- Bill Maher Drools All Over Elon Musk in Softball Sitdown - The Daily Beast - April 30th, 2023 [April 30th, 2023]
- QAnon's popularity has been fueled by the playful and participatory ... - LSE - April 30th, 2023 [April 30th, 2023]
- Its been rough, but we have to hang on - Santa Barbara News-Press - April 30th, 2023 [April 30th, 2023]
- Flamenco and a Venerated Teacher Return to Steps on Broadway - westsiderag.com - April 30th, 2023 [April 30th, 2023]
- R.M.N. Director Cristian Mungiu on Xenophobia and the Dangers of Politically Correct Filmmaking - Hollywood Reporter - April 30th, 2023 [April 30th, 2023]
- My baptism of fire into trucking - Big Rigs - April 30th, 2023 [April 30th, 2023]
- Sinicization of the Uyghurs in Xinjiang: An Indian View - Bitter Winter - April 30th, 2023 [April 30th, 2023]
- Diljit da jawab nahin: Why the munda made us go balle, balle - Times of India - April 30th, 2023 [April 30th, 2023]
- Why was Don Lemon fired by CNN? Veteran news anchor let go after 17 years - AS USA - April 30th, 2023 [April 30th, 2023]
- Agent Movie Review: A spy film that puts the fire in misfire - cinemaexpress - April 29th, 2023 [April 29th, 2023]
- Voice and Hammer - Longreads - April 29th, 2023 [April 29th, 2023]
- This coronation is being styled in an apologetic tone - Reaction - April 29th, 2023 [April 29th, 2023]
- 21 Comedy Movies That Were Ahead of Their Time - MovieWeb - April 29th, 2023 [April 29th, 2023]
- Remembering Barry Humphries, art lover, artist and creator of Dame ... - Art Newspaper - April 29th, 2023 [April 29th, 2023]
- Everything you need to know about the 2023 Met Gala... - Jordan News - April 29th, 2023 [April 29th, 2023]
- 10 Sitcoms With Content That Hasn't Aged Well - Collider - April 29th, 2023 [April 29th, 2023]
- Things to do in Wilmington NC this weekend April 27-30 - StarNewsOnline.com - April 29th, 2023 [April 29th, 2023]
- Bill Maher Is Clueless About Chicago, Guns, and Poverty - The Daily Beast - April 29th, 2023 [April 29th, 2023]
- 10 Best R-Rated Comedies of the 21st Century, Ranked - Collider - April 29th, 2023 [April 29th, 2023]
- Let's talk tachles: What do Olim truly think of Israel? - Ynetnews - April 29th, 2023 [April 29th, 2023]
- Parker: Tim Scott and American exceptionalism | News, Sports, Jobs - Daily Herald - April 29th, 2023 [April 29th, 2023]
- Letters: 'When I say my name is Karen, will others think I'm a b---h?' - National Post - April 29th, 2023 [April 29th, 2023]
- Chef Shannons Byron Bay boys-only bash - The Age - April 29th, 2023 [April 29th, 2023]
- Kisi Ka Bhai Kisi Ki Jaan: Why Salman Khans lone superhero formula doesnt work for the masses anymore - The Indian Express - April 29th, 2023 [April 29th, 2023]
- THE OTHER SIDE: They left the dogsThe Tucker Trump Show - theberkshireedge.com - April 29th, 2023 [April 29th, 2023]
- Kenny vs. Spenny: Iconic Canadian frenemies prove some things never change - Global News - April 29th, 2023 [April 29th, 2023]
- Politician who called herself 'mother of the politically incorrect ... - JTA News - Jewish Telegraphic Agency - April 22nd, 2023 [April 22nd, 2023]
- CT man charged with threatening to kill Florida sheriff on 'hit list' for ... - Torrington Register Citizen - April 22nd, 2023 [April 22nd, 2023]
- BROADWAY REVIEW: 'Peter Pan Goes Wrong' is a total blast; plus it ... - New York Daily News - April 22nd, 2023 [April 22nd, 2023]
- Harvard donor Ken Griffin's backing of DeSantis stirs predictable ... - The Boston Globe - April 22nd, 2023 [April 22nd, 2023]
- TV shows to watch this week: 'West Wing' fans should rally around ... - Star Tribune - April 22nd, 2023 [April 22nd, 2023]
- Why Is It So Hard to Watch 'Friends' Now? - Collider - April 22nd, 2023 [April 22nd, 2023]
- Belinda Carlisle: Touring with Green Day was one big hot mess - NME - April 22nd, 2023 [April 22nd, 2023]
- Chinese scholars believe in gender equality - Times Higher Education - April 22nd, 2023 [April 22nd, 2023]
- Five Year Social Media Ban For Online Preacher - Vision Christian Media - April 22nd, 2023 [April 22nd, 2023]
- A Toast to Tom Eating His Feelings on Succession - Vulture - April 22nd, 2023 [April 22nd, 2023]
- Turtle love and the messages of Roald Dahl - The Saturday Paper - April 22nd, 2023 [April 22nd, 2023]
- New Book Offers the CATHOLIC Case for ID - Discovery Institute - April 22nd, 2023 [April 22nd, 2023]
- Roy Chubby Brown to play Hanley gig tonight despite calls for show to be cancelled - Stoke-on-Trent Live - April 22nd, 2023 [April 22nd, 2023]
- 4 dead, 28 wounded at U.S. birthday party shooting - inform.kz/en - April 22nd, 2023 [April 22nd, 2023]
- People protest for ban on assault weapons in Washington - Independent - April 22nd, 2023 [April 22nd, 2023]
- The shadow of Xi Jinping, misinformation and hurt religious sentiments - Business Standard - April 22nd, 2023 [April 22nd, 2023]
- Night Jitters: TVs Late Crowd Grapples With Weakness in the Wee Hours - Variety - April 22nd, 2023 [April 22nd, 2023]
- Donald Trump called Chinese leader Xi Jinping a 'brilliant man' and said there is no one in Hollywood with the - Business Insider India - April 17th, 2023 [April 17th, 2023]
- /pol/ - Wikipedia - March 4th, 2023 [March 4th, 2023]
- The Top 20+ Questions on Politically Correct Terms [with Answers!] - February 20th, 2023 [February 20th, 2023]
- 15 Very Politically Incorrect Things That Are Also Absolutely True ... - February 20th, 2023 [February 20th, 2023]
- From Politically Correct To Cancel Culture, How Accountability ... - NPR - February 20th, 2023 [February 20th, 2023]
- Is ChatGPT Partisan? Poems About Trump And Biden Raise Questions About The AI Bots BiasHeres What Experts Think - Forbes - February 5th, 2023 [February 5th, 2023]
- NM Gov. Grisham calls for new gun control laws, citing recent ... - January 22nd, 2023 [January 22nd, 2023]
- What Does Woke Mean in Politics? - January 22nd, 2023 [January 22nd, 2023]
- Richard Barnett expected to testify in his trial - KATV - January 22nd, 2023 [January 22nd, 2023]
- Twitter suspends Babylon Bee over Rachel Levine 'Man of the Year' title - December 23rd, 2022 [December 23rd, 2022]
- The Taste With Vir: To blame or not to blame the Civil Aviation Ministry - Hindustan Times - December 23rd, 2022 [December 23rd, 2022]
- 'Yellowstone' Season 5, Episode 6 Recap: Jamie and Sarah Join Forces, Plan to Oust John as Governor - Entertainment Tonight - December 16th, 2022 [December 16th, 2022]
- Will Ferrell, Maya Rudolph, Nick Kroll and More Take The Hollywood Reporters Annual Comedy Survey - Hollywood Reporter - November 23rd, 2022 [November 23rd, 2022]
- Measuring Stakeholder Capitalism - The World Economic Forum - October 21st, 2022 [October 21st, 2022]
- Netanyahu memoir: Dems feeling more leftist pressure on Israel than they publicly admit - Forward - October 17th, 2022 [October 17th, 2022]
- Living Among Trolls: It's Orwellian, But It's Real - odishabytes - OdishaBytes - October 17th, 2022 [October 17th, 2022]
- SMOKERS' CORNER: THE POLITICS OF TRANSGRESSION - Newspaper - DAWN.COM - DAWN.com - October 17th, 2022 [October 17th, 2022]
- This Week in Lincolnville: Do the People Belong to the Land - PenBayPilot.com - October 17th, 2022 [October 17th, 2022]
- Meghan Markle and Harry blow as Americans back Kate and Prince William over Sussexes - Express - October 17th, 2022 [October 17th, 2022]
- Which side are you on, anyway? Rethinking academic freedom - University World News - October 17th, 2022 [October 17th, 2022]
- Politically Incorrect Canadian - October 15th, 2022 [October 15th, 2022]
- Our Unmad lives - The Business Standard - October 15th, 2022 [October 15th, 2022]
- Biden threatens 'consequences' against Saudi Arabia over OPEC oil production cuts, links with Russia - Must Read Alaska - October 15th, 2022 [October 15th, 2022]
- 'Backsides' voted but fireworks are likely with one Hamilton councillor - Richard Swainson - Stuff - October 15th, 2022 [October 15th, 2022]
- Does it actually have an influence?: Expert weighs in PM Trudeaus viral bungee jump video - Yahoo News - October 15th, 2022 [October 15th, 2022]
- Jordan Hogg: In 15 years, Ive never come across another disabled director - The Guardian - October 15th, 2022 [October 15th, 2022]
- The phenomenon of 'Hawa' vs 'Poran' - Dhaka Tribune - October 15th, 2022 [October 15th, 2022]
- SMOKERS' CORNER: THE RESURGENCE OF THE FAR-RIGHT - Newspaper - DAWN.COM - DAWN.com - October 15th, 2022 [October 15th, 2022]
- Paddy Considine's filmography: What were the House of the Dragon actor's best works? - Bolavip - October 15th, 2022 [October 15th, 2022]
- Word on the street: 'Never heard of him' - Aucklanders react to Brown mayoral win - Stuff - October 15th, 2022 [October 15th, 2022]
- QC The Producers revels in being politically incorrect - WHBF - OurQuadCities.com - October 2nd, 2022 [October 2nd, 2022]
- Interdependence as a weapon in the era of non-peace: Failure in Ukraine and danger in Taiwan - Atalayar - October 2nd, 2022 [October 2nd, 2022]
- 'Ramy' Season 3 Review: Ramy Youssef's Comical, Rich Look At Muslim Family Life Is The Best One Yet - The Playlist - October 2nd, 2022 [October 2nd, 2022]