In a landmark free speech case, the Victorian Civil and Administrative Tribunal (VCAT) has found Christian GP Dr. Jereth Kok guilty of multiple counts of professional misconduct. That’s because of his social media posts which were critical of “culture issues” such as LGBT ideology, abortion and covid lockdowns. The doctor had an unblemished professional record with not one registered complaint from a patient. His case dates back to 2018 when two anonymous non-patients complained to the Medical Board. The board exercised emergency powers to investigate over ten years of Dr. Kok’s internet history and selectively pick out potentially offensive comments. The investigation was conducted over three months without Dr. Kok’s knowledge. He claims he had just three business days to respond to a 2,473-page document, according to AusDoc. The Medical Board suspended his registration six years ago, forcing him to retrain in another profession. Dr. Kok appealed to VCAT which only began his trial a year ago.
The Tribunal found 54 of the 85 posts it considered, to be misconduct, despite their political, religious and satirical nature and despite them having no impact on his treatment of his patients. It ruled they were “disrespectful” and “derogatory” and not sufficiently balanced or unbiased. His lawyers from the Human Rights Law Alliance (HRLA) said the decision is deeply disappointing for Dr. Kok. They added: “It sets a concerning precedent for freedom of speech in Australia, particularly for professionals who hold Christian or conservative beliefs.” “It confirms that regulators like the Australian Health Practitioner Regulation Agency (AHPRA) and the Medical Board have significant powers to discipline practitioners, not only for what they do in their clinical practice, but for holding and expressing unpopular social or moral views – even in a private capacity.” One of the posts found to be misconduct was a satirical Babylon Bee article that made fun of the use of gender pronouns, which VCAT said showed a lack of respect for “gender diversity”.
The HRLA legal team argued that such commentary was protected by the common law right to free speech. They observed: “The Tribunal considered but gave little weight to constitutional or freedom of speech protections.” VCAT acknowledged that Dr Kok’s conduct took place outside clinical settings and was not directed at patients. But that failed to sway its view that his personal use of social media — even when privacy settings were in place — must be sanctioned in the public’s interest. HRLA Principal Lawyer John Steenhof said in response to the ruling: “This case has serious implications for freedom of speech in Australia.” “It will set a precedent in the law for AHPRA to exercise regulatory powers to suppress speech and personal, political and religious opinions on social media.” “It also sets a bad precedent for what is legally considered in the ‘public interest’ under the National Law for the regulation of health practitioners,” he added.
“This case is important for Australians everywhere, but particularly for Australians who work as a member of a regulated profession,” Mr. Steenhof continued. Jereth Kok faces losing his licence to practice medicine at a hearing next year — pending a possible appeal. The Family First party called his treatment “a gross injustice and a chilling attack on freedom of speech.” “Dr Kok has harmed no patient. His only ‘crime’ was to express his views online — many of them satirical or Christian in nature — and for that, he has been punished with the loss of his medical career,” said National Director Lyle Shelton. “This is not justice; it is un-Australian. This is Victoria’s ‘ministry of truth’ enforcing ideological conformity and crushing dissent.”
Source: Vision Christian Media
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