A federal court has found that the Australian Broadcasting Corporation (ABC) acted unlawfully when it removed journalist Antoinette Lattouf from her on-air role in December 2023, following a social media post critical of Israel’s military campaign in Gaza. The court ruled that the ABC’s decision was influenced by Lattouf’s political views, breaching workplace protections under the Fair Work Act.
ABC Under Pressure After Lobbying Campaign
Justice Darryl Rangiah found that the ABC was responding to what he described as “an orchestrated campaign by pro-Israel lobbyists” who pushed for Lattouf’s removal. After just three days of hosting the Sydney Mornings program—part of a five-day contract—Lattouf was pulled from the airwaves. The court heard that senior management at the ABC panicked amid a growing number of complaints claiming Lattouf was biased and unsuitable for the role.
Those complaints, the judge said, were part of a coordinated lobbying effort that the ABC sought to appease. Chris Oliver-Taylor, the executive responsible for the decision, was found to have acted swiftly in an attempt to contain anticipated backlash and media scrutiny.
“The decision was made to appease the pro-Israel lobbyists who would inevitably escalate their complaints about the ABC employing a presenter they perceived to have antisemitic and anti-Israel opinions,” Rangiah stated in his ruling.
Political Opinion Protected, Race Claim Rejected
The court determined that the ABC violated section 772(1) of the Fair Work Act by terminating Lattouf’s employment in part because of her political opinion—specifically her opposition to Israel’s actions in Gaza. However, the judge dismissed claims that her race or national origin played a role in the termination.
Justice Rangiah made it clear that while the ABC’s conduct breached employment law concerning political discrimination, the evidence did not support the allegation that racial bias influenced the decision.
Emotional Reaction in Courtroom
As the judgment was read out in court, a wave of emotion swept over Lattouf and her legal team. One of her barristers quickly turned to her and nodded—confirmation that they had won the case. Lattouf, visibly moved, whispered “We won” to her husband in the public gallery, then cried as the judge continued delivering his findings.
Outside the court, her lawyer Josh Bornstein said the judgment showed that her dismissal had been “an unlawful decision that goes right to the top of the ABC.” He confirmed plans to seek a significant financial penalty against the broadcaster to ensure it does not repeat the conduct.
Compensation Awarded
While Lattouf had sought between $100,000 and $150,000 in compensation, the court awarded her $70,000 for non-economic loss, citing the emotional toll and mental health impact she experienced. Evidence presented during the case showed that Lattouf’s depressive disorder was exacerbated by the shock of her sudden dismissal and the negative media coverage that followed.
Justice Rangiah accepted the psychiatrist’s assessment, saying: “The negative publicity associated with her termination added to her distress.”
Background to the Controversy
The controversy began when Lattouf, while working for the ABC, shared an Instagram post from Human Rights Watch that accused Israel of using starvation as a weapon in Gaza. The ABC argued she breached editorial guidelines and failed to follow a “direction” not to post about the conflict while on contract. However, the court found that she was not given a formal directive—only informal advice to avoid controversial content.
“I was punished for my political opinion,” Lattouf told reporters following the ruling. “This is a victory not just for me, but for every journalist who has ever felt silenced for speaking truth to power.”
ABC Responds to Ruling
ABC Managing Director Hugh Marks, who took over leadership after the events, issued a public apology. “We regret how the decision to remove Ms Lattouf from air was handled and the distress occasioned her,” he said. “We also let down our staff and audiences.”
A separate hearing will be held to determine whether further penalties should be imposed on the ABC for its conduct.