Mary Kostakidis challenges antisemitism complaint in court

Former SBS presenter Mary Kostakidis' social media posts about Israel have ignited a landmark battle between journalistic freedom and hate speech in Adelaide's Federal Court.

The head of the Zionist Federation of Australia says former SBS presenter Mary Kostakidis must be held to account for sharing what he claims is “hate speech”, as the Federal Court weighs her bid to strike out most of the racial discrimination case against her.

Ms Kostakidis is facing racial discrimination accusations brought by ZFA chief executive Alon Cassuto in April and she has now lodged a strikeout application covering most of the claims.

Her interlocutory application was heard on Tuesday before Justice Stephen McDonald in Adelaide’s federal court, where a large crowd – many waving Palestinian flags and holding signs – gathered to support her.

Ray Henley was among a group who gathered outside Adelaide’s federal court to support Mary Kostakidis on Tuesday.

The case centres on two X, formerly Twitter, posts from January 2024, where she shared a video of a speech by the late Hezbollah leader Hassan Nasrallah in which he urges Israeli dual citizens to flee the Middle East saying they had “no future” there.

In one post, she paired it with the caption: “The Israeli govt getting some of its own medicine. Israel has started something it can’t finish with this genocide.”

Mr Cassuto alleged the posts breached the Racial Discrimination Act and initially lodged a complaint with the Human Rights Commission before escalating the matter to court after no resolution was reached.

Speaking outside court, an emotional Mr Cassuto said the matter was “not about free speech but hate speech”, and that “it is important that we hold her to account.”

“Mary Kostakidis shared the calls of a prescribed terrorist organisation to ethnically cleanse Jews and Israelis,” he said.

“It’s deeply offensive and irresponsible where someone with a platform and a following like Mary Kostakidis shares hate speech and shares the calls of a prescribed terrorist organisation.

“This conduct reproduces an overseas conflict in Australia.

“We’ve all seen how hatred that starts with words ends in violence. For the sake of every Australian, we have to stand up against racial hatred, no matter who is being targeted and no matter who is spreading it.”

ZFA CEO Alon Cassuto, spoke briefly to the media, before Mary Kostakidis came out of court. Picture: Dean Martin

Ms Kostakidis briefly addressed media and supporters outside court on Tuesday, saying: “I’m a strong believer in freedom of the press and the freedom of political expression. I will defend my right to report the news and the right of every journalist to do so and the right of every Australian to engage in public debate. The matter before the court raises important questions about the limits on free speech.”

In court, her legal team argued the posts were part of normal journalism, sharing newsworthy comments from a key figure in a major conflict.

They said the criticism was aimed at the Israeli government, not Jewish people, and did not meet the threshold for anti-Semitism.

Her barrister, Stephen Keim SC, likened it to criticising a sports team without condemning an entire nation.

“At Bledisloe Cup time, strong feelings arise between Australians and New Zealanders, and to criticise the rugby team of New Zealand is not a criticism of New Zealanders completely,” he said.

But barrister Michael Borsky KC, representing Mr Cassuto, argued the posts were more than just news reporting, they included commentary that amounted to endorsement.

He told the court, criticism of Israel can still cross into anti-Semitism and pointed to other posts by Ms Kostakidis that allegedly equated Zionism with Nazism and spread “conspiracy theories”, urging the court to allow the case to proceed to trial.

The hearing has now finished, with Justice McDonald reserving his decision. No date has been set yet for when that decision will be handed down, but he said it would not “necessarily be a quick turnaround”.

Originally published as Mary Kostakidis challenges antisemitism complaint in court