Lattouf questioned on social media use before termination

Counsel for the ABC has grilled sacked news presenter Antoinette Lattouf over posts she made in the months before her termination.

An Instagram post shared by Antoinette Lattouf on 19 December 2023 led to an alleged “spectacularly successful campaign” to have her booted from the air – but it was the posts she made in the months prior that had the ABC’s attention during the first day of Federal Court hearings.

At the crux of Lattouf’s unfair dismissal fight is the allegation ABC pushed her out because of her “political opinions”, particularly those she publicly shared on her social media about the Gaza-Israel war.

The December post behind her termination was made by the Human Rights Watch on the Israeli government’s reported “starvation of civilians as a weapon of war”. This was shared on Lattouf’s Instagram story with the caption: “HRW reporting starvation as a tool of war.”

Her counsel, Oshie Fagir, alleged it was the ABC’s belief that Lattouf breached a direction that “did not apply to anyone else” and did not exist in the policy generally given to ABC employees.

It is Lattouf’s evidence that no such direction was given to her.

Counsel for the ABC, Ian Neil SC, began his cross-examination by questioning whether Lattouf was aware of a report released by the Human Rights Watch in 2021, in which the organisation accused Israel of “apartheid” and systematic discrimination of Palestinians.

He said the findings were “not liked by members of the public”.

Asked whether she agreed with this proposition, Lattouf said it “may” have been controversial “among sections” of the Australian public but was hesitant to accept Neil’s phrasing of the question.

“I see Human Rights Watch as a reputable organisation, and as a journalist, I am driven by the facts and truth,” Lattouf said.

“It is hard for me to guess and summarise the opinions of other people. It is a reputed, trusted organisation that journalists regularly reference.”

Lattouf was then taken to an Instagram post published on 16 October 2023, in which she listed “10 points on Gaza/Israel conflict”.

Halfway into the list, Lattouf wrote: “You can and should remember human rights organisations internationally and in Israel have called the occupation ‘apartheid’.” Below that, she added the United Nations had called for “an end to ethnic cleansing of Palestinians”.

Neil questioned Lattouf on whether she knew that by publishing this list, she appreciated the audience “would reasonably associate you with the view that Israel was guilty of ethnic cleansing”.

Lattouf agreed but rejected the proposition she would have considered whether some Australians would disagree with the statements.

“[Journalists] don’t operate on the basis of what people may feel – [and] if I was to embark on my 20-year career and was considering how people may feel, that is not what journalism is. Journalism is fairness in the pursuit of the truth,” Lattouf said.

She added it is not “controversial” for journalists to “question things”.

Pushed further on whether she understood the propositions would be controversial to some members of the community, Lattouf said it would not have deterred her from making the Instagram posts.

“If it’s factual, evidence-based and fair, I will share it,” she said.

Later in the cross-examination, Neil took Lattouf to a November 2023 post about the comments she received from other social media users, including one that asked who paid her to “lie and promote hatred”.

Neil then interrupted Lattouf’s attempts to answer his question.

Objecting to it, Fagir said Latouff was “doing her best to answer the question and she ought not to be interrupted in the way she has been”.

Justice Darryl Rangiah addressed Neil directly: “Presumably, you ask a question because you want an answer to it; if you cut the witness off halfway through the answer, then it doesn’t assist me.”

Neil said he was “chastised” and continued his line of questioning.

In a video played to court near the end of the day, Lattouf recorded herself explaining an open letter signed by “a hundred-plus journalists” who called for the fair reporting of the Gaza-Israel war.

In its conclusion, Lattouf said there were “many journalists” who could not sign the letter out of fear of losing their jobs.

“For me, as an independent freelance journalist, no one can fire me, and so I will certainly be using my voice and sharing my concerns.

“But also, I have thought about my future career prospects, and if someone doesn’t want to work with me … because I have voiced those concerns … then honestly, f--k them,” Lattouf said.

Lattouf told the court the termination comment was wrong.

‘Antoinette issue’: ABC’s reactions to Lattouf’s post

Lattouf’s complaint has pointed the finger at ABC’s former chair of the board, Ita Buttrose, managing director David Anderson, and chief content officer Christopher Oliver-Taylor.

Another group of individuals were allegedly responsible for the successful “campaign” to have Lattouf booted from the ABC, but their identities have been protected under a non-publication order.

“It is clear as day that the objections in the complaints were objections to Lattouf’s opinions and that a person or group had decided to prosecute the objection and give effect to the goal of the removal of Lattouf was to recast the issue as one of impartiality,” Fagir said.

In emails read out by Fagir, Buttrose allegedly said the ABC owed Lattouf “nothing” and questioned “why she can’t come down with the flu, or COVID, or stomach upset”.

Following the “extraordinary step” of investigating Lattouf’s Instagram, Anderson allegedly told Oliver-Taylor they had an “Antoinette issue”.

Some comments were made despite acting editorial director Simon Melkman’s comment that there was no breach of the ABC’s social media guidelines or its editorial protocols on Lattouf’s Instagram.

Fagir alleged there was “nowhere to be found” that a human resources adviser or lawyer was advised in the discussions.