The ABC has acknowledged failures in its handling of journalist Antoinette Lattouf's dismissal after the Federal Court ruled the national broadcaster unfairly sacked her over a social media post about the war in Gaza and ordered $70,000 in damages.
Justice Darryl Rangiah on Thursday found the national broadcaster contravened sections 50 and 772(1) of the Fair Work Act by terminating Lattouf's employment for reasons including that she held political opinions opposing Israel's military campaign in Gaza.
It was decided that the ABC, "in a state of panic", repudiated her contract — a decision said to have been made solely by chief content director Chris Oliver-Taylor. He did so to mitigate a "deluge of complaints" and "appease" pro-Israel lobbyists, Rangiah said.
In a statement, ABC managing director Hugh Marks said "the matter was not handled in line with [the ABC's] values and expectations", and that the failure to do so had "caused understandable concern among the public and inside the organisation".
"The values of the ABC must be reflected in how we work. In this case the judge found the correct processes weren’t followed and, consequently, errors were made," Marks said.
"We regret how the decision to remove Ms Lattouf from air was handled and the distress occasioned her. We extend our sincere apologies to Ms Lattouf and wish her well in her future endeavours."
What did the judge find?
Lattouf was sacked three days into a five-day casual stint as an ABC Radio Sydney host, which began on Monday, 18 December 2023.
The ABC claimed that, a day into her contract, she breached the organisation's social media policy by sharing a post by Human Rights Watch captioned "HRW reporting starvation as a tool of war", referring to Israel's treatment of Palestinians in Gaza.
After the program aired on Wednesday, Lattouf was called into a meeting and told she would not be "required" to host the final two mornings. She was not given any opportunity to defend herself against the allegations, Rangiah found.
Lattouf's lawyers argued her political opinion and/or race, as well as external pressure from pro-Israel lobbyists by way of an email-writing campaign, had pressured management into taking her off air.
The ABC denied it was influenced by lobbyists, instead claiming the freelance journalist was sacked because she was advised "not to post anything that could be perceived as controversial" on her social media platforms.
Lattouf was paid for the full five days, and the ABC had denied repudiating her contract.
The journalist argued at a hearing in February that then-ABC chair Ita Buttrose, former content chief Chris Oliver-Taylor and former managing director David Anderson were responsible for her termination.
But Rangiah found the decision was solely Oliver-Taylor's as he tried to mitigate further complaints about the broadcaster employing someone with Lattouf's political opinions.
"Mr Oliver-Taylor sought to appease members of the public who would attribute to Ms Lattouf the holding of anti-Israeli and antisemitic opinions by taking her off air," he said.
Antoinette Lattouf with a supporter outside the Federal Court in Sydney on Wednesday. A judge decided the ABC, "in a state of panic", repudiated the journalist's contract. Source: AAP / Bianca De Marchi
Rangiah accepted Oliver-Taylor was put in a difficult position by Lattouf's choice to share the controversial post.
"Ms Lattouf's making of the HRW Post was ill-advised and inconsiderate of her employer," he said.
"The ABC would have to brace itself for the inevitable criticism — whether fair or unfair — for permitting one of its presenters to make a controversial post and then allowing her to remain on air."
The ABC's claims the journalist was fired for breaching a direction not to post anything about Israel and Gaza during her five days on air were also rejected.
"I find Ms Lattouf was merely provided with advice that it would be best not to post anything controversial about the war," he said.
The judge rejected claims by Lattouf — who is of Lebanese heritage — that she was terminated due to her race or national extraction.
What next for the ABC?
In his statement, Marks acknowledged concerns about the ABC's handling of race and political views.
"I wish to emphasise the ABC’s absolute commitment to fostering diversity and inclusion at all levels of the organisation, to addressing racism and discrimination of all kinds, and to accurate and impartial journalism," Marks said.
He said the national broadcaster had found there was confusion over its personal use of social media guidelines, which had since been reviewed and would be replaced with new "public comment guidelines".
"We will talk more this about in coming weeks," Marks said.
Antoinette Lattouf speaks after judge's ruling
Outside the Federal Court in Sydney, Lattouf said the decision showed she had been "punished for my political opinion".
"In December 2023, I shared a Human Rights Watch post because Human Rights Watch found that Israel was using starvation as a weapon of war in Gaza.
"It is now June 2025 and Palestinian children are still being starved. We see their images every day, emaciated, skeletal, scavenging through the rubble."
Lattouf's legal team had argued she was rendered "pretty much unemployable" as a result of her public sacking — the news of which was published in an article by The Australian before she had even returned home the day she was fired.
She has been awarded $70,000 in non-economic loss for pain and suffering. She was seeking between $100,000 and $150,000.
Lattouf offered to settle the case for $85,000 in August.
Antoinette Lattouf's lawyer, Josh Bornstein, speaks to the media outside the Federal Court in Sydney on Wednesday. Source: AAP / Bianca De Marchi
"When organisations capitulate to bad faith complaints against staff, the results are often perverse," he said.
"It has been a privilege to represent Antoinette Lattouf in this important case about corporate cancel culture."
A potential monetary penalty will also be determined at a later hearing.
Bornstein said "significant penalties" would be sought at the upcoming hearing to deter the broadcaster from similar conduct.
With additional reporting by the Australian Associated Press.
