‘Activist’: Ita Buttrose’s claim about Antoinette Lattouf

The former chair of the ABC Ita Buttrose has taken the stand in an unlawful dismissal case brought by a sacked radio host.

Former ABC chair Ita Buttrose says Antoinette Lattouf was an “activist” and she was concerned she wasn’t “impartial” on the Israel-Gaza war before she was sacked, a court has heard.

Ms Lattouf has sued the national broadcaster for unlawful dismissal after she was dumped as a holiday-time fill-in host for Sydney Mornings in December 2023 and sent home for her final two shifts.

She says she was taken off the air after sharing an Instagram post by Human Rights Watch, with the court hearing she was also the subject of a flood of email complaints.

Her legal team has claimed the decision to pull her from air was made by managing director David Anderson, ABC’s former head of content Chris Oliver-Taylor and then-ABC chair Ita Buttrose.

Ms Buttrose began giving evidence to the court on Tuesday afternoon.

The ABC has denied the characterisation that Ms Lattouf was sacked, and says Mr Oliver-Taylor alone made the decision to take her off air after she disobeyed a direction not to post about the Gaza war by her manager.

Antoinette Lattouf arrives at the Federal Court in Sydney on Tuesday. Picture: NewsWire/ Gaye Gerard

“ACTIVIST”

Ms Buttrose on Tuesday afternoon began her testimony as a part of Ms Lattouf’s blockbuster trial against the ABC.

She 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 of 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.”

Former ABC chair Ita Buttrose. Supplied.

THE MEETING

The court has heard that Ms Lattouf was called into a meeting on Wednesday, December 20, 2023 in which she was told she wouldn’t be on air for her final two shifts.

ABC acting head of capital city networks Stephen Ahern told the court on Tuesday that Ms Lattouf was called into an office with him and other managers.

The court was told he said words to the effect of: “Unfortunately as a result of a specific post which you shared on Instagram, we have made the decision that you will not be returning to complete your last two shifts on air.”

The court heard that Ms Lattouf, in the meeting, said she was earlier told she could post if it was from a “reputable source” such as Amnesty International.

The court was told after that Mr Ahern told Ms Lattouf that she was asked not to post about the Israel-Gaza war and she had breached the broadcaster’s social media policy.

Ms Lattouf asked how she had breached the ABC’s social media policy given she was not covering the war on the show, the court was told.

Mr Ahern said he told Ms Lattouf: “It calls into question the ABC’s impartiality.”

Ms Lattouf was then told she could go to her office, get her bag and leave.

Antoinette Lattouf entering the Federal Court on Tuesday. Picture: NewsWire/ Gaye Gerard.

“CLEAR”

Ms Lattouf had a meeting with her direct manager, Radio Sydney content director Elizabeth Green, on Monday December 18 - the day of her first shift.

There is a contest about whether in that meeting it was “suggested” that Ms Lattouf refrain from posting on social media about the war while with the ABC, or whether she was given a “direction”.

ABC acting head of capital city networks Stephen Ahern told the court on Tuesday that he was not sure of the language used by Ms Green in her meeting with Ms Lattouf, but said it would have been clear that she was not to address the war on air or in social media posts.

“Ms Green, to your knowledge, had simply suggested to Ms Lattouf it might be wise not to post anything on socials that week,” Ms Lattouf’s barrister Philip Boncardo asked.

“It’s true,” Mr Ahern said.

“And I was comfortable about that because any journalist, any ABC staff member, who has gone through all the training would understand the significance of that.

“Whatever is the word, the understanding would be clear.”

Ms Lattouf has claimed she was sacked after she re-posted a Human Rights Watch report on Instagram.

The court has heard that both the ABC and BBC reported on Human Rights Watch’s claims.

“What’s impartial about a Human Rights Watch post which says that Human Rights Watch is reporting Israel is using starvation as a tactic in Gaza, or words to that effect. What’s partial about that?” Mr Boncardo asked.

“In the context of ABC editorial guidelines, being impartial means either not stating a view on one side or another of a controversial issue. Or it means that if you do state a view you should give some weight to counter views,” Mr Ahern replied.

ABC head of audio content Ben Latimer drew Mr Ahern’s attention to the social media post and Mr Ahern was subsequently told to advise Ms Lattouf that she wouldn’t be required for her final two shifts.

“The decision had been made because Ms Lattouf had posted something controversial about the Israel-Gaza war and had been asked not to do so,” Mr Ahern said.

The social media post for which Antoinette Lattouf says she was sacked. Picture: Supplied.

“ILL INFORMED”

ABC acting head of capital city networks, Stephen Ahern, was sent an email from ABC’s head of content Chris Oliver-Taylor about the decision to hire Ms Lattouf.

In the email on Wednesday December 20, 2023, Chris Oliver-Taylor said: “The decision to place Antoinette Lattouf on air as a guest presenter looks ill-informed.

“Can we please find out the process of how she was selected, approached and approved to fill in for this week,” Mr Oliver-Taylor said.

“It appears on face value that background checks were not completed to a sufficient degree, if they were, at least two issues would have come to light.”

He further asked for “checks” to be made on “potential candidates to ensure they meet the highest standards.”

During his evidence to the court on Tuesday, Mr Ahern was asked about that description of his decision.

“I wasn’t surprised,” Mr Ahern said.

“I was disappointed by the characterisation of making an ill-informed decision. But that’s the way things go.”

Presenter and former ABC journalist Antoinette Lattouf was taken off air after three days. Picture: NewsWire / Jeremy Piper.

“SHE WAS NOT TO POST”

Steve Ahern was the ABC’s acting head of capital city networks in December 2023 when Ms Lattouf was hired to fill in on the Sydney Morning show.

Mr Ahern was responsible for hiring Ms Lattouf.

The court previously heard that ABC managing director David Anderson in an email told ABC chair Ita Buttrose that Mr Ahern put the broadcaster in an “unacceptable position” and made a “negligent error of judgment by employing Ms Lattouf without assessing her prior media and social activity”.

The court has heard that once complaints began rolling in, the ABC’s head of content Chris Oliver-Taylor asked him to ensure that Ms Lattouf remained “impartial”.

Mr Ahern told the court on Tuesday, December 19, 2023 that he passed on that request to ABC Radio Sydney content director Elizabeth Green, who was Ms Lattouf’s boss.

“We had discussed whether Elizabeth had a conversation with Antoinette about her obligations on Israel-Gaza and not to post anything,” Mr Ahern told the court on Tuesday.

He was pressed by Ms Lattouf’s barrister Philip Boncardo on whether he had instructed Ms Green to pass on a direction for Ms Lattouf not to post on social media about the war.

“You never instructed Ms Green to tell Ms Lattouf she was not to post,” Mr Boncardo said.

“That’s not accurate,” Mr Ahern told the court.

ABC chief content officer Christopher Oliver-Taylor. Picture: NewsWire / Jeremy Piper.

ABC BACKS DOWN ON RACE CLAIM

ABC barrister Ian Neil SC has told the court the national broadcaster no longer disputes that the Lebanese, Arab and Middle Eastern races exist.

Last week hundreds of ABC staff members signed a petition calling for the ABC to reverse its legal position that Ms Lattouf had not proven that those races existed.

In its outline of submissions filed with the court, the ABC said: “Whether there is a Lebanese, Arab, or Middle Eastern ‘race’ is a complex multi-faceted question of fact.

“The facts must be proved.

“Ms Lattouf has led no evidence of any relevant fact … There is therefore no basis on which to find, as a fact, that there is a Lebanese, Arab, or Middle Eastern ‘race’.”

Mr Neil on Tuesday told the court that the ABC had filed amended opening submissions.

“Our client has admitted that the applicant, Ms Lattouf, is a person of Lebanese and Arab and Middle Eastern descent,” Mr Neil said.

“The ABC does not put in issue … that the Lebanese, Middle Eastern or Arab races exist. Or that Ms Lattouf is one or more of those races.”

Antoinette Lattouf is suing the ABC. Picture: Instagram

“SERIOUS DISPLEASURE”

Justice Darryl Rangiah on Monday told the court he was “deeply unhappy” after the names and details of people who complained to the ABC about Ms Lattouf had been published in an affidavit on the Federal Court’s public portal.

Last week, Justice Rangiah made a non-publication over the names and details of the people who emailed the broadcaster after Ms Lattouf was put on air.

As part of the case, some court documents are publicly viewable on an online portal on the Federal Court website.

On Monday, the affidavit of ABC’s former head of content Chris Oliver-Taylor, which included copies of some of those emails, was uploaded.

The court was told on Tuesday that while the affidavit had been marked “redacted” by the ABC, it in fact still included the complainants’ names and details.

After the error was discovered, it was promptly removed, the court was told.

“I am deeply unhappy about the error made by the ABC’s legal representatives,” Justice Rangiah said as the trial re-opened on Tuesday.

“The court is entitled to expect that the information provided to the court is accurate.

“People who are the subject of the suppression order are entitled to expect that the confidentiality of their identification and contact details will be maintained by the parties.”

ABC barrister Ian Neil SC told the court it was the result of an “human error” and measures had been put in place to ensure it wouldn’t happen again.

“We acknowledge your honour’s serious displeasure and the reasons for it,” Mr Neil said.

“As leading counsel responsible for the presentation of the respondent’s case, I stand before you this morning to tender my personal apology. I deeply regret it.”

Journalist Antoinette Lattouf claims she was unlawfully dismissed from the national broadcaster. Picture: NewsWire/ Damian Shaw.

“PRONTO”

In his evidence to the court last week, Mr Oliver-Taylor denied he bowed to pressure from Ms Buttrose and Mr Anderson when he pulled Ms Lattouf from the air.

The court on Friday heard details of a Teams Meeting on Wednesday, December 20, 2023 when the decision was made to axe Ms Lattouf for her final two shifts.

In it, Mr Oliver-Taylor and members of ABC management discussed an Instagram story made by Ms Lattouf.

Mr Oliver-Taylor said in an affidavit it “gave rise to a breach by Ms Lattouf of the ABC’s policies in relation to impartiality”.

Pressed in court on Friday whether Ms Lattouf had breached the social media code, Mr Oliver-Taylor said: “I think it’s difficult, but I think it absolutely could have been a breach of the social media guidelines.”

“You certainly understood that, to your way of thinking, Mr Anderson wanted Ms Lattouf off air pronto,” Ms Lattouf’s barrister Oshie Fagir asked.

“That is not correct,” Mr Oliver-Taylor replied.

The court has previously heard that in emails, Ms Buttrose had asked if Ms Lattouf could be “replaced” and if she could “come down” with the flu or Covid.

“The chair wanted Ms Lattouf off air pronto,” Mr Fagir asked.

“I cannot speak to her mind. I have seen a text, as have you, but I do not know whether that was her intention,” Mr Oliver-Taylor said.

He also denied he was reacting after The Australian began asking questions.

ABC fill-in presenter Antoinette Lattouf was taken off air for her final two shifts. Picture: Instagram.

ROCK AND A HARD PLACE

The court has heard that by Tuesday, December 19 – the day before Ms Lattouf was sent home – Mr Oliver-Taylor was receiving emails directly from Ms Buttrose, forwarding him complaints about Ms Lattouf.

He said he had “no idea why” and that it was “unusual” for Ms Buttrose to ask him to handle it directly.

He told the court that at that time, his advice from colleagues was that Ms Lattouf had not breached the broadcaster’s social media policy.

“What rendered the situation untenable was the tension between the chair (Ms Buttrose) and the MD (Mr Anderson) being seriously unhappy that Ms Lattouf was at the ABC, and the expert advice is we have no basis to take her off air,” Mr Fagir asked.

“You describe it better sir as a rock and a hard place. That’s better than my use of the word untenable,” Mr Oliver-Taylor said.

Originally published as ‘Activist’: Ita Buttrose’s claim about Antoinette Lattouf