Ethical and Legal Analysis: The Case of Israel Folau's Termination

This report provides an analysis of the Israel Folau case, focusing on the ethical and legal implications of his social media posts and subsequent contract termination. The study examines how Folau's actions, which were considered hateful towards the LGBT community, violated ethical principles and Australian laws. It explores the ethical concepts of right-based ethics, specifically how Folau's actions infringed upon the rights of others. The report also discusses the legal ramifications, including breaches of contract and violations of anti-discrimination laws in Australia. Furthermore, it addresses the response of the rugby authorities, justifying their decision to terminate Folau's contract due to his failure to respond to their attempts to engage with him. The analysis considers the impact of Folau's actions on the sport, the broader community, and the importance of upholding ethical standards and legal frameworks in professional sports and public discourse. The study also touches upon the legal protection for the LGBT community in Australia.

Running head: ISRAEL FOLAU
Israel Folau
Name of the Student:
Name of the University:
Author Note

1
ISRAEL FOLAU
Table of Contents
Introduction................................................................................................................................2
Discussion..................................................................................................................................2
Conclusion..................................................................................................................................6
Reference....................................................................................................................................7

2
ISRAEL FOLAU
Introduction
This study will examine the article Israel Folau sacked by Independent. This article
was based on the ethical concerns relating to the hateful posts of Israel Folau. Israel Folau is
an Australian Rugby player who was termination or got restricted from playing further as he
had made an outburst on his social media account that was hateful towards the gay
community. This study will examine the ethical concepts to justify the termination of Israel
Folau. There are many laws in Australia that Israel Folau has violated by posting such hateful
things on his social media. There will be an analysis of the different laws that protect the
LGBT group against such discriminations that have been done by Israel Folau. Many
countries have passed various laws against homosexuality. But Australia is one of the
countries that permits and protects homosexuality. Also, there is the issue that Israel Folau
had not responded to the authorities who tried to contact him repeatedly after the incident. All
this led the rugby authorities to decide to terminate the contract of Israel Folau. This study
will discuss the right based ethical theory that Israel Folau had violated.
Discussion
According to the right based ethical concept, every individual human being has their
rights to make their own choices. Every person has their natural right that people will treat
them just the way others are treated. Israel Folau has violated this concept as he has
compared the homosexual community with thieves. Israel had been sacked for his outburst on
the social media platform that was anti-gay and homophobic. The Rugby authorities of
Australia has finally decided to terminate Israel Israel Folau as the 73-cap international had
not responded to them (The Independent, 2020). The Rugby authorities had also tried to
interact with the player, but he had not been able to respond. This failure to response forced
the Rugby authority to decide end Israel Folau’s contract with them. The agreement with the

3
ISRAEL FOLAU
player states that he cannot post anything on his social media page that discriminates any
person based on his or her sexuality. The contract with the player was worth AUD 4 million
every year for the player. Israel Folau was on the top players of rugby in Australia. He was
also supposed to be playing for the world cup and the championship league that was just five
months away. After this incident, the social media guidelines in the contract with the players
have been made stricter. Israel Folau is a very inspirational personality, and he is someone
that many people follow. So, such a prominent character like him must be aware of the
consequences of his action (George 2019). If he posts such hateful things on the social media
platforms, then the young followers might even start to follow it like a trend. Again, on the
other hand, this might also lead to protests against this kind of post against the entire Rugby
sports. This type of posts spread hatred in the minds of people across the globe.
According to the contract that Israel Folau has with the authorities, he cannot post such
hateful things on the internet (Braun and Gray 2016). He has broken all the rules of the
organization as well as the contract that he had with authority. Israel Folau represents
Australia worldwide. This type of post on his social media is a matter of shame for the
entire country (McGeary and Fitz-Gibbon 2018). Australia is a democratic country, and
no person can get discriminated based on their sexual orientation. On a global level, this
will create a wrong impression for the player as well as the whole organization. Also, the
teenagers who think of Israel Folau as an ideal may even start to follow him and
discriminate against the gay people. According to the rugby authorities, Israel Folau also
had not responded to the authorities who had tried to contact him repeatedly. The
authorities might have given him a chance to explain himself. The termination of Israel
Folau is justified due to the several facts. Rugby sports in Australia is a separate entity, so
the action of one player will reflect on the entire organization. Israel Folau must have
taken into consideration the image of the organisation as a whole and must not have made

4
ISRAEL FOLAU
such hateful posts on his social media. Israel Folau had broken the ethical concept of
equality for everyone. The posts from Israel Folau is discriminative towards the gay
community. But the Rugby Authorities had acted ethically as they had tried to contact the
player repeatedly. They had tried to give Israel Folau a chance to explain himself and also
to apologise for his actions. But the player had not responded to them. Every person has
their self-dignity, and no person has the right to disrespect any person based on a social
level. This post is against the ethical rules of any organization as it humiliated the gay
community and considered them equal to thieves. Some might even argue that the
termination of Israel Folau is uncalled for as every person is entitled to their own opinions
and has their right to express their personal opinion on the social media platforms. But no
person has the right to discriminate any person based on their sexual orientation. He has
not only disrespected the homosexual community but also has disrespected the people
who worship God in the form of an idol. There are several religions across the globe that
worship idol, including Hinduism, Buddhism, etc. He has termed these people equal to
the thieves. As per the Utilitarian concept of ethics if the organization does not fire Israel
Folau, then this type of discriminations will increase not only in the country but also
across the world.
According to the Australian laws for the LGBT community, any person can have
sexual relations with another person of the same sex. So, Israel Folau or any other person
cannot discriminate them for doing so.
The Australian federal authorities had released a law in the year 2013 that protects the
homosexual as well as the whole LGBT community against any discrimination (Byrnes
2019). Any person who breaches this law will be charged for his or her again. So, Israel
Folau has not only violated his contract rules with the rugby authorities but has also
violated the federal laws in Australia.

5
ISRAEL FOLAU
Fornication means that when one person has a sexual relationship with another person but
are not married to each other. There are no laws in Australia in any of its states that this is
illegal but is limited based on the age of the two people. But Israel Folau has regarded them
as being equal to thieves. He has no right to disrespect people for their personal choices.
Again adulters means that when a person has a sexual relationship with another person
despite being married to another person. But no person has to right to discriminate against
them. If anything, the law will look into those matters. No one should take the law into his or
her own hands.
The sexual orientation of a person is not an option that the person makes but a natural
thing. Homosexuality is banned in some countries but is legal in others. In many countries,
homosexuality is forbidden. In many states, there are laws against homosexuality. There are
different punishments like death penalties, life imprisonments, etc. against homosexual
relations. Several bills in Australia protect the LGBT community against discrimination.
They are as follows:
According to the law in Australia, no person can be discriminated from hiring if he or she
belongs to the LGBT group. No person can get fired if they are gay or homosexual (Bennett
2016). There are many players in rugby in Australia and the world, and they will feel
discriminated because of the action of Israel Folau.
There are different types of crimes that are based on the biasness to the sexual
orientation of the victim. This type of crimes is also regarded as hate crimes. In this type of
crimes that convict might commit a crime against a person because they belong to a particular
group in the society or this case, it is the LGBT group.

6
ISRAEL FOLAU
Conclusion
This study concludes that Israel Folau has committed a crime. There are various laws
in Australia that safeguard the LGBT community. The federal acts in 2013 protect the LGBT
community against discriminations. Some people will support the argument that people have
the right to express their personal opinions on their social media. But it can be said that no
one must discriminate any person based on their sexual orientation. Every person has dignity
and self-respect, and everyone should express their opinions keeping in mind whether or not
it is discriminatory towards any social group or not. Again Israel has not responded to the
authorities who had to contact him directly and indirectly. This non-response is a breach of
contract by Israel Folau with the rugby authorities. Also, most of the sports organizations
have an agreement with the players that mentions that the social media of the players cannot
be used to spread hate and also to discriminate any person based on sex, sexual orientation,
religion, etc. It can be said that Israel Folau must apologise to the public and face the legal
charges that will be placed against him. This type of hateful post mostly affects the young
generation as they do not think much and takes their decisions based on the thinking of their
favourite player or actor.

7
ISRAEL FOLAU
Reference
The Independent (2020). Israel Folau sacked by Australia over latest homophobic Instagram
comments. [online] The Independent. Available at:
https://www.independent.co.uk/sport/rugby/rugby-union/news-comment/israel-folau-sacked-
rugby-australia-terminate-contract-world-cup-instagram-anti-gay-homophobic-
a8864656.html [Accessed 4 Mar. 2020].
George, A., 2019. Sex offenders no more: Historical homosexual offences expungement
legislation in Australia. Alternative Law Journal, 44(4), pp.297-301.
Braun, K. and Gray, A., 2016. Green and Lindsay: Two Steps Forward-Five Steps Back
Homosexual Advance Defence-Quo Vadis. UW Austl. L. Rev., 41, p.91.
McGeary, R. and Fitz-Gibbon, K., 2018. The homosexual advance defence in Australia: An
examination of sentencing practices and provocation law reform. Australian & New Zealand
Journal of Criminology, 51(4), pp.576-592.
Bennett, T., 2016. Not so straight-talking: how defamation law should treat imputations of
homosexuality. U. Queensland LJ, 35, p.313.
Byrnes, C., 2019. Serving in silence?: Australian LGBT servicemen and women [Book
Review]. Oral History Australia Journal, (41), p.101.