ABC accused of double standards over Antoinette Lattouf sacking

The ABC has been accused by Antoinette Lattouf’s legal team of double standards after failing to discipline a star presenter for partisan comments made on social media.

Antoinette Lattouf’s legal team has accused the ABC of double standards, saying that other high-profile presenters such as Patricia Karvelas had expressed opinions on social media without being sacked or sanctioned, a court has heard.

Ms Lattouf has sued the national broadcaster for unlawful dismissal after she was terminated from her five-day casual hosting shift for Sydney Mornings in December 2023.

She was told she was not required for her final two shows after sharing an Instagram post by Human Rights Watch after the ABC was flooded with complaints.

The ABC has denied that Ms Lattouf was sacked after she was paid for her final two shifts despite not being on air.

The national broadcaster says that ABC’s former head of content Chris Oliver-Taylor made the decision to remove her from the air after she disobeyed a direction not to post about the Gaza war by her manager, ABC Radio Sydney content director Elizabeth Green.

Antoinette Lattouf was asked not to come in for her final hosting two shifts in December, 2023. Picture: NewsWire/ Gaye Gerard . Picture: NewsWire/ Gaye Gerard

‘UTTERLY INCOHERENT’

Ms Lattouf’s barrister Oshie Fagir has told the court on Wednesday it was “plain as day” that his client had not breached any ABC social media or editorial policies because there were examples of other ABC presenters making partial statements or taking a side on issues via social media.

Mr Fagir attempted to ask ABC head of audio content Ben Latimer about the ABC’s social media policy and whether statements made by a selection of ABC personalities, including Patricia Karvelas, had breached the broadcaster’s impartiality obligation.

“It’s the centrepiece of the ABC’s defence, as we understand it, saying we believe there is this obligation of impartiality,” Mr Fagir told the court.

However he said it was “difficult to understand exactly where it resides”, the rule is “utterly incoherent” and it is “inconceivable” the witnesses “genuinely believed it”.

He was asked by Justice Darryl Rangiah why it was relevant whether other ABC presenters had breached the ABC’s social media guidelines.

“We will submit in due course that it is plain as day that there is no such rule because there are … ABC broadcasters who every day make public statements and conduct themselves in a way that would contravene the alleged rule without ever being removed off air, without ever being subject to any sanction even where the opinions relate directly to their work,” Mr Fagir told the court in reply.

Mr Latimer on Wednesday gave evidence about a meeting with other members of ABC management on Wednesday, December 20, 2023 - the day Ms Lattouf was sacked.

Mr Latimer told the court on Wednesday, that at that time, his “primary concern” was that Ms Lattouf had disobeyed a direction to not post about the war while on air.

“You weren’t positively satisfied that Ms Lattouf had breached any ABC policy or procedure,” Mr Fagir asked.

“I wasn’t sure, no,” Mr Latimer replied.

Elizabeth Green was Antoinette Lattouf’s boss before she was sacked from the ABC. Picture: NewsWire/Gaye Gerard.

‘PROTECTING HER’

ABC head of audio content Ben Latimer, during his evidence to the court on Wednesday, said he passed on a message to fellow managers that Ms Lattouf should be told not to post about the war on social media during her stint on air.

He said during a conversation with ABC acting head of capital city networks Stephen Ahern on Tuesday, December 19, 2023 he said: “You are to direct Antoinette not to post anything on social media”.

“Why did you give Mr Ahern the direction,” Ms Lattouf’s barrister Oshie Fagir asked.

“To protect her, to keep her on air and to ensure that we weren’t compromising ABC impartiality,” Mr Latimer said.

“What right, to your mind, did the ABC have to tell Ms Lattouf what she could and couldn’t do in her private time on her social media,” Mr Fagir asked.

“We were protecting Ms Lattouf, ensuring she made it to the end of the week and ensuring ABC’s impartiality was not compromised,” Mr Latimer said.

He said he was following a direction from the ABC’s head of content Chris Oliver-Taylor to pass on the instruction.

Under cross examination from Mr Fagir, he was asked if the ABC could prevent Ms Lattouf from posting a picture of her dog on Instagram.

Mr Latimer said the directions were relayed in the context of the Israel-Gaza war and it would have been understood that they related to the conflict.

The Instagram post which led to Antoinette Lattouf’s sacking. Picture: Supplied.

THE SACKING

Ms Green was also in a meeting on Wednesday, December 20 when she was told by ABC acting head of capital city networks Stephen Ahern that Ms Lattouf was being sacked.

Ms Lattouf was then called into the room and told that she was free to get her bag and leave and wouldn’t be required for her Thursday and Friday shifts.

She was told that she had breached the ABC’s social media policy.

“Can I suggest to you that you also expressed the view that you did not see anything wrong with Ms Lattouf’s post?” Ms Lattouf’s barrister Philip Boncardo asked.

“I did say that,” Ms Green said.

Mr Boncardo suggested that Mr Ahern told Ms Lattouf “you were asked not to post, now you’ve breached the social media policy by posting the Human Rights Watch post”.

However, Ms Green says she did not remember him mentioning the Human Rights Watch post specifically, and restricted his comments to “social media”.

Ms Green denied later telling Ms Lattouf that the decision to sack her had come from high-ranking ABC executive David Anderson, then the broadcaster’s managing director.

“You said to my client she shouldn’t be telling her this but the decision came from David Anderson,” Mr Boncardo asked.

“I did not say that,” Ms Green said.

Ms Green told the court she told Ms Lattouf she had tried to “stop them”.

“I believed it was coming from higher up. I said there was pressure for her to be removed from the Monday (December 18, 2023 which was her first day on air) and I understood it had been referred up,” Ms Green told the court.

“She asked if it was Steve’s decision.”

Antoinette Lattouf sued the ABC for unlawful dismissal. Picture: NewsWire/Gaye Gerard

‘LOW PROFILE’

The court was told that on the afternoon of Monday, December 18, 2023, Ms Green phoned Ms Lattouf after she was told that the ABC had fielded complaints about her.

“I said there had been a number of complaints that I hadn’t seen,” Ms Green said of the conversation.

She further told the court on Wednesday that she told Ms Lattouf of the complaints: “I imagine they’re from lobbyists.”

Ms Green, under cross-examination from Ms Lattouf’s barrister Philip Boncardo, told the court that she advised Ms Lattouf to be “mindful” about what she was posting and told her it was about a “perception of bias”.

She told the court that she told Ms Lattouf to “keep a low profile on social media” and it would be “best not to post anything at all”.

She said she “believed” she told her not to post about the Israel-Gaza war.

She says she also told her it was okay to post anything from “fact based” and “reputable sources”.

She was told not to post about the Israel-Gaza war, the court has been told. Picture: NewsWire / Nikki Short

‘CONGRATULATORY’

The court was told on Tuesday that former ABC chair Ita Buttrose said it was “nice” to receive “congratulatory” emails when Ms Lattouf was sacked but denied being happy about the fill-in presenter being pulled from the air.

The court has heard that after Ms Lattouf was sent home on Wednesday, December 20, Ms Buttrose replied to the people who had complained via email.

She told the court she spent 15 minutes replying to the complainants via emails as a way to “tidy up” her inbox.

“So I could go and have a happy holiday,” Ms Buttrose said.

Ms Buttrose denied that she was “happy” that Ms Lattouf had been taken off air.

The court heard that she received emails congratulating her on the decision to dismiss Ms Lattouf.

And she forwarded them to then ABC managing director David Anderson saying: “It’s nice to get congratulatory emails.”

She defended the use of the word “congratulatory” but denied she was pleased at Ms Lattouf losing her position for her final two shifts.

“Well, it is (nice to get congratulatory emails) – they’re few and far between,” Ms Buttrose told the court.

However, she added: “No one is ever happy with a dismissal of anyone.”

During an at-times heated cross-examination late on Tuesday afternoon, Ms Buttrose denied she was “happy” at Ms Lattouf having been sent home.

“I don’t know why you think that, it’s the worst thing that can happen to anybody,” Ms Buttrose said.

“I’m not happy and I wasn’t happy

“I didn’t wish her to be removed, I didn’t put pressure on anybody. It’s a fantasy of your own imagination. I had nothing to do with her dismissal.”

Ita Buttrose told the court that she had nothing to do with Ms Lattouf’s dismissal. Picture: NewsWire/Nikki Short.

Ms Buttrose told the court Ms Lattouf was an “activist”.

Ms Buttrose was on Tuesday afternoon grilled by Ms Lattouf’s barrister Philip Boncardo about an email she sent to managing director David Anderson in which she said she had received a “clutch more of complaints”.

“Why can’t she come down with flu? Or Covid. Or a stomach upset?” Ms Buttrose said in the email, the court has heard.

“We owe her nothing, we are copping criticism because she wasn’t honest when she was appointed.”

Ms Buttrose denied she wanted Ms Lattouf sacked at that point.

“No, I didn’t want her replaced, I can’t replace anybody. The chair can’t do that,” Ms Buttrose said.

She said she was asking for an “update” and had she wanted Ms Lattouf taken from the air she would have been “franker than that”.

“I’m saying ‘has she been replaced? What’s going on? I’m tired of getting all these emails about her’,” Ms Buttrose told the court on Tuesday afternoon.

“That’s a perfectly legitimate query from the chair to the managing director.”

She was asked by Mr Boncardo about her suggestion that Ms Lattouf come down with Covid.

“Was it your practice in 2023 to wish that ABC employees come down with respiratory illnesses?” he asked.

Ms Buttrose briefly chuckled at the question before replying: “That was just a face-saving idea. I thought it might have been an idea for Antoinette to save face, it’s an easy way to save face.”

Ms Buttrose told the court that while she received complaints about Ms Lattouf, it was a “small” amount compared to the complaints the broadcaster received over the coverage of King Charles’ coronation.

She told the court that the ABC “upset people” by putting Ms Lattouf on air.

When asked why those people were upset, Ms Buttrose said Ms Lattouf “was not impartial … She wasn’t presenting an impartial point of view”.

Asked how she was not impartial, Ms Buttrose said: “In relation to the Israel-Gaza conflict, she was an activist.”

Originally published as ABC accused of double standards over Antoinette Lattouf sacking