Political statements made by a politician about a person who happens to be engaged in a profession are not conduct 'in trade or commerce' for the purposes of s 18 of the Australian Consumer Law, even where the statements criticise the person's professional conduct. The fact that a statement is made about a person engaged in trade or commerce does not mean the statement itself is conduct in trade or commerce. An imputation that 'fabricated history' may differ in substance from an imputation of being a 'holocaust denier' — the question was left open for appeal.
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