An anti-Chinese government activist has been ordered to pay more than $3000 after his placards about the Tiananmen Square massacre were judged to be illegal advertising.
Drew Pavlou was found guilty in Brisbane Magistrates Court on Tuesday of failing to obtain consent for a regulated activity and not complying with a direction to cease from an authorised person.
Pavlou set up a folding table and placards near the entrance to the Queen Street Mall and Chinese consulate in Brisbane's CBD on May 17, 2022.
He displayed signs that said "Nothing happened on June 4, 1989. Change my mind," referring to the date when the military violently ended the protest and the Chinese government's efforts to censor discussion of the massacre.
Pavlou appeared to be creating his own version of an internet meme that featured a right-wing US commentator challenging university students to a debate.
A Brisbane City Council officer had approached Pavlou and told him to "pack up" the placards as they constituted unauthorised advertising in the mall.
After failing to fully comply with the direction for several minutes, Pavlou was issued with an infringement notice.
Pavlou later pleaded not guilty to the charges and took the matter to trial.
Magistrate Michael Holohan found sufficient evidence to prove the charges beyond reasonable doubt after reviewing audio recordings of the incident and hearing testimony from the council officer.
"Holding a placard a centimetre from the ground to display it to ants ... was a smart alec response to a reasonable request (to cease)," Mr Holohan said.
Pavlou's lawyer, Anthony Morris KC, had argued his client had been communicating his view of the Chinese Communist Party via his freedom of expression under Queensland's Human Rights Act.
Mr Holohan said the council's laws fit the Human Right's Act's definition of a reasonable and justifiable exemption.
"To define otherwise would allow persons to communicate political and other messages, except where they have a commercial aspect, throughout the mall without restriction," he said.
Mr Holohan did not record any convictions against Pavlou after Mr Morris said it would affect his client's plans to become a lawyer.
Michael Spencer, acting for Brisbane City Council, said Pavlou should be fined $1500 for having shown disrespect for the law and no remorse.
Mr Morris said his client's sentence should be limited to costs as he had raised "incredibly serious" issues with no intent for financial gain.
"It was a genuine commitment to a view on international affairs that is far from non-mainstream," he said.
Mr Holohan fined Pavlou $1000 plus $2000 for the council's costs and just under $114 for the court's costs.
Speaking outside court, Mr Morris said he would seek to appeal the verdict in the District Court.
Pavlou said the area of the street where he set up his placards should not be applicable to the council's laws on authorised activities.
"It effectively criminalises all forms of dissent and protest against the Chinese consulate," he said.
