Federal Court has ruled in favor of Antoinette Lattouf in her case against the ABC

Australia’s public broadcaster ABC unlawfully dismissed a radio journalist over a social media post related to the Israel-Gaza conflict…

It was a decision keenly awaited, a judgment that echoed through the halls of Australian media: the Federal Court had ruled in favor of Antoinette Lattouf in her case against the ABC. For the seasoned journalist, it was a vindication, a testament to her steadfast belief that she had been unfairly dismissed.

The story began in December 2023, when Lattouf, a familiar voice to many, took on a casual five-day stint as a fill-in host for ABC Radio Sydney’s morning program. Just three days into her role, a social media post she shared from Human Rights Watch – highlighting claims of starvation being used as a weapon of war in Gaza – ignited a firestorm. Complaints poured into the ABC, fueled by a pro-Israel lobbying group.

The ABC’s response was swift and, as the Federal Court would later deem, flawed. Lattouf was abruptly told she would not be required for her remaining two shifts. The public broadcaster argued she had breached their social media guidelines, advising her not to post anything controversial. However, Justice Darryl Rangiah, presiding over the case, found that Lattouf had merely been “advised,” not “directed,” and that she was told she could post factual information from reputable sources.

The court heard how the decision to remove Lattouf was made by senior ABC figures, including then-chief content director Chris Oliver-Taylor, in what the judge described as a “state of panic” to mitigate a “deluge of complaints” and “appease” pro-Israel lobbyists. Oliver-Taylor’s evidence was largely rejected by the judge, who found that Lattouf was not given any opportunity to defend herself against the allegations.

While Lattouf had also alleged racial discrimination, the court dismissed this claim. However, Justice Rangiah unequivocally ruled that the ABC had contravened the Fair Work Act by terminating Lattouf’s employment for reasons including her political opinions opposing the Israeli military campaign in Gaza. He emphasized that under the Fair Work Act, political views are not a valid reason for dismissal.

The emotional toll on Lattouf was evident. She had been rendered, in her legal team’s words, “pretty much unemployable” as a result of the public sacking, suffering “significant pain, hurt, humiliation and distress.” The court acknowledged this distress, awarding her $70,000 in compensation for non-economic loss.

Outside the Federal Court in Sydney, a triumphant but tearful Antoinette Lattouf spoke to the media. “I shared a Human Rights Watch post because Human Rights Watch found that Israel was using starvation as a weapon of war in Gaza,” she stated. “The decision showed I had been punished for my political opinion.”

The ABC, through its managing director Hugh Marks, issued a statement acknowledging the Federal Court’s decision and expressing regret for how the matter was handled. Marks conceded that the processes were not followed correctly and that errors were made, offering “sincere apologies” to Ms. Lattouf. He also indicated that the ABC’s personal use of social media guidelines would be reviewed and replaced with new “public comment guidelines.”

The case not only shed light on the circumstances of Lattouf’s dismissal but also exposed what Justice Rangiah described as the ABC’s “sometimes ramshackle internal processes.” It highlighted the pressure public broadcasters face and the critical balance between impartiality, editorial independence, and the protection of employees’ rights. For Antoinette Lattouf, the judgment was a hard-won victory, a powerful affirmation that even in the most challenging of circumstances, standing by one’s convictions can ultimately lead to justice.