Ward has defended himself by saying comedy is not a crime. “In a ‘free’ country, it shouldn’t be up to a judge to decide what constitutes a joke on stage,” Ward has tweeted.
“A discrimination claim is not, and must not become, an action in defamation,” said the decision.
In addition, the comments, considered in their context, could not be viewed as likely to lead to discriminatory treatment of Gabriel, the majority said.