TikTok comic spared conviction over speech

The TikTok comedian who rose to fame "predicting" NSW's daily COVID-19 case totals has been spared conviction for encouraging people to breach pandemic restrictions.

Jon-Bernard Kairouz, 25, dubbed himself the "people's premier" and said "all we want is freedom" using a megaphone at an anti-lockdown protest on the steps of Sydney's Town Hall in July 2021

While his lawyer had cast the 45-second speech as the mere acts of a comedian "saying comedic things" to promote themselves, magistrate Emma Manea didn't see the funny side.

"It does not - from his conduct and the words he says - come across as a joke," she said on Tuesday.

His demeanour and use of the word "we" to the estimated 3500-strong crowd people fit the definition of encouraging, Ms Manea found.

"If he's not encouraging the crowd, then what is his purpose?"

She found the Belmore man guilty of encouraging people to breach the pandemic restriction on people gathering outdoors.

Taking in two guilty pleas for lesser COVID-19 charges, Ms Manea sentenced him to a two-year good behaviour bond without recording a conviction.

Kairouz has appealed the finding of guilt on the encouragement charge. The matter will be mentioned on March 2 in the Sydney District Court.

In 2021, Kairouz scored a jump in followers on TikTok after correctly reporting NSW's daily COVID count, hours before they were officially reported.

Kairouz at the time said he had no inside government source but was predicting the figures mathematically.

The court on Wednesday found the online entertainer was genuinely sorry, had very good prospects of rehabilitation and was a person of good character with no prior criminal history.

Extra curial punishment through "vicious racist comments" that were an "extremely sad testament" to society had also been dealt upon Kairouz, the magistrate said.

One person wished Kairouz catch COVID-19 and die while another called him a "dirty f***ing Arab" and told him to "f*** off back to your s***ty country or kill yourself, we don't want you here".

Imposing a conviction would be a further punishment that would go above and beyond what he'd already suffered, she said, warning Kairouz not to make another mistake.

"The double-edged sword of fame is (a) very inappropriate, unacceptable and appalling social media response to him," Ms Manea said.

His barrister had earlier told the court the business and accounting graduate who works as a creative producer for a betting agency had been swept up in fame when speaking at the protest.

After he was charged, the 25-year-old spoke publicly against breaching lockdown restrictions, Daniel Grippi said.

"Mr Kairouz has done everything he can to demonstrate he understands the gravity of what he did," Mr Grippi said.

The bond, known as a conditional release order, will expire in November 2024.