Australia’s national broadcaster was ordered to pay A$150,000 in penalties for unfairly sacking a presenter over a social media post about the war in Gaza.
The Australian Broadcasting Corporation (ABC) removed fill-in radio host Antoinette Lattouf from the air in December 2023 due to her political views and after lobbying from pro-Israel groups, the Federal Court found earlier this year.
Lattouf has already been awarded $70,000 in damages, but on Wednesday Justice Darryl Rangiah said the “substantial” extra sum was needed to ensure the ABC learned its lesson.
The broadcaster has publicly apologised to Lattouf, saying that it also “let down” its staff and audiences during the saga.
Lattouf’s dismissal triggered a wave of public outrage and created turmoil at the ABC – raising questions over its independence and reviving concerns over how it supports employees, particularly those who are culturally diverse.
“The public scrutiny the ABC has faced must surely have brought home to the ABC the unacceptability of its contravening conduct. Nevertheless, I consider that substantial penalties are necessary to ensure that the message is received and heeded,” Justice Rangiah said.
Lattouf has been a regular contributor in Australian media for years, but also made a name for herself as an activist on issues like racism, discrimination in media and mental health.
She was hired for a week-long stint on ABC Radio Sydney’s Mornings show, but after three shifts was told to pack up her things. The decision to remove her from the airwaves was promptly leaked to the media.
Hours earlier, Lattouf had shared a post from Human Rights Watch (HRW) that accused Israel of using starvation as a tool of war, an allegation that Israel denies but which the International Criminal Court now says it has “reasonable grounds” to believe.
The ABC argued at trial that Lattouf had been instructed not to talk about the war on social media, and that her post breached the broadcaster’s editorial policy.
But in his initial judgement Justice Rangiah found that she was never given a direction not to post. While her Instagram story was “ill-advised”, he said, Lattouf was fired with “no more than a suspicion” that she “may” have breached some policy or guideline and given no opportunity to defend herself.
There was a clear “orchestrated” campaign by pro-Israel lobbyists to have Lattouf taken off air right from the outset of her employment, and the “primary motivation” behind her sacking was to “avoid criticism from political lobbyists, the media and sections of the public”, Justice Rangiah said on Wednesday.
“The ABC and others cannot be allowed to regard a penalty as an acceptable price to pay for staving off criticism.”
He said while the ABC has displayed some contrition – including through the public apology – their failure to investigate who leaked Lattouf’s sacking to the media detracts from that.
The saga had caused “very significant consequences” for Lattouf, he said, ordering that the sum be paid to her within 28 days.
By BBC News
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