
Journalist Antoinette Lattouf has told reporters that the “rot and the systemic racism at the ABC” has been exposed in her unlawful termination case against the national broadcaster.
Ms Lattouf was taken off air part way through a five-day casual stint as a presenter for ABC Radio Sydney in December 2023, after sharing a post about the war in Gaza with the caption “HRW reporting starvation as a tool of war”.
Her lawyers argue her political opinion and/or race, as well as external pressure from pro-Israel lobbyists, played a role in the decision.
The ABC denies Ms Lattouf was unlawfully terminated.
Antoinette Lattouf says watching the ABC’s integrity unravel in court has been “devastating”. (ABC News)
Speaking after closing submissions, Ms Lattouf told reporters on Friday that she had always held the ABC in the highest regard and dreamed of working at the organisation.
“Now, watching its integrity unravel is nothing short of devastating,” Ms Lattouf said.
“This case was never just about me, it was never about five days of work, it was about protecting the principles that should matter for all of us.
“The rot and the systemic racism at the ABC has been aired, but now it’s up to all Australians to ensure that sunlight doesn’t just expose it but ignites real and lasting change at our national broadcaster.”
Ms Lattouf said it had always been clear to her that ABC senior management “capitulated to a factually inaccurate and baseless email campaign” by pro-Israel lobbyists.
Antoinette Lattouf says the ABC had to be stronger against external pressure. (ABC News: Jak Rowland)
She said that the ABC needed to be stronger and better not to fold “from the board down at the first whiff of pressure”.
“Sunlight is the best disinfectant and despite the immense toll that this has had on me, I’ve sought justice because human rights and accountability matter,” she said.
ABC argues Lattouf ‘did something she was told not to do’
The ABC’s lawyer Ian Neil SC began his closing submissions saying the case was not about “the expressions of political opinion” and was “not an unfair dismissal case”.
Justice Darryl Rangiah replied that it was “at least arguable” that former ABC chair Ita Buttrose and outgoing managing director David Anderson were concerned with the content of Ms Lattouf’s political opinion, to which Mr Neil rejected.
Mr Neil also argued that the ABC had not punished Ms Lattouf when she was taken off air, saying it is “designed to protect the ABC, not to punish the employee”.
Ms Lattouf’s lawyers have argued she was given advice to “keep a low profile” on social media, as opposed to a clear direction to not post.
Ian Neil SC says Antoinette Lattouf was taken off air because she ignored instructions. (ABC News: Jak Rowland)
Her former manager, Elizabeth Green, told the Federal Court earlier this month that she did not consider her conversation with Ms Lattouf to have been a ‘direction’.
She also agreed with Ms Lattouf’s evidence that it would be OK to post information from “a reputable organisation” or a “verified source”.
Mr Neil argued that she was taken off air because she ignored instruction, not that she had expressed a political opinion.
“She was taken off air because she did something she was not supposed to do … Not to post anything about the conflict in Israel and Gaza,”
Mr Neil said.
Lattouf address apparent leak to The Australian
In delivering his reply to the ABC’s final statement, Ms Lattouf’s barrister Oshie Fagir said the submissions made by the broadcaster about whether a ‘direction’ was given were “utterly confused and contradictory”.
“Ultimately the ABC has been quite incapable of articulation … Any coherent concept of what direction was given and in what terms,” Mr Fagir said.
During evidence earlier this month, it was revealed that Mr Anderson texted outgoing ABC chief content officer, Chris Oliver Taylor, saying: “I think we have an Antoinette issue” and “her socials are full of antisemitic hatred”.
David Anderson gave evidence in the Federal Court. (AAP: Bianca De Marchi)
In the ABC’s submission on Friday, its lawyers said Ms Lattouf’s social media being full of “antisemitic hatred” was a perfectly reasonable available statement of objective fact, to which the magistrate challenged.
“If there were ever evidence that the ABC has a deeply partisan view on this issue and is hostile to Ms Lattouf’s opinions, that is it,” Mr Fagir told the court.
The court heard that The Australian newspaper put questions to the ABC about Antoinette Lattouf before she was told she would be taken off air in December 2023.
Ms Lattouf’s lawyers argued that the magistrate should infer that the ABC provided “intimate details” to the newspaper and were responsible for the article.
Mr Fagir said no action had been taken by ABC management after the apparent leak.
“What could be more damaging to the ABC’s reputation and integrity than the probability … that one of its most senior managers was leaking information to The Australian newspaper,” he said.
Ms Lattouf told reporters her “pain and the humiliation” did not end when she was taken off air.
“The ABC secretly briefed the Australian, essentially setting the attack dogs on me,” she said.
