Antoinette Lattouf grilled on ‘controversial’ Gaza posts in ABC Federal Court case

Sacked ABC radio host Antoinette Lattouf conceded a social media post claiming ‘Gaza is being annihilated hourly’ was controversial, but said it was a statement of ‘fact’.

Journalist Antoinette Lattouf arrives at the Federal Court alongside her lawyers.

Ita Buttrose pushed for fill-in radio host Antoinette Lattouf to be taken off the air following a wave of complaints from the “pro-Israel lobby”, a court has been told, with emails revealing the former ABC chair told senior staff “we owe her nothing”.

Correspondence laid bare as part of Lattouf’s unfair dismissal stand-off against the ABC showed Ms Buttrose emailed then managing director David Anderson asking “Has Antoinette been replaced?” after receiving a stream of criticism about her “impartiality”.

The bombshell emails were read aloud as Lattouf entered the witness box for the first time, conceding that a series of Instagram posts claiming Israel was guilty of “war crimes” were controversial, but maintaining they were centred on statements of “fact”.

“I don’t share facts worrying if somebody might think it’s controversial,” she said in the opening hours of her cross-examination under the ABC’s silk, Ian Neil SC.

Lattouf last year took legal action against the ABC over claims she was unfairly dismissed in ­December 2023 after she shared a social post relating to the Israel-Hamas war.

While operating as a temporary substitute for ABC mornings radio host Sarah Macdonald, she shared a post by Human Rights Watch on December 19, 2023, with the caption that read “HRW reporting starvation as a tool of war”.

She was sacked after completing three of her five shifts.

Giving evidence for the first time in her unfair dismissal case against the public broadcaster, Lattouf admitted to making various disputed comments on her Instagram account – including that Benjamin Netanyahu was the “most far-right extremist” leader in Israel’s history – but said she has always published “fact”.

While the ABC has accepted she was let go as a result of the specific HRW post, Mr Neil pressed Lattouf on a series of social media posts she had made earlier in 2023, including claims that Israel was guilty “of the worst humanitarian crisis and violence against children in modern times”.

Lattouf initially rejected that the posts might be considered controversial, but later conceded that not everyone agreed on the statements. However, she said she always posted “fact” because “as journalists … we don’t operate on the basis of how people may feel”.

“When I share facts based on reputable sources, I don’t deem them controversial,” she said.

“If people don’t accept these facts they can ... you can describe it however you like but I don’t ­accept that premise.”

The hearing kicked off on Monday morning with a surprise appearance from barrister Sue Chrysanthou SC and solicitor Rebekah Giles, who argued for a suppression order over the identities of nine pro-Israel individuals who complained to the ABC about Lattouf.

Antoinette Lattouf alleges she was unlawfully dismissed as a fill-in presenter on ABC radio.

Federal Court judge Darryl Rangiah allowed the suppression order, saying the people who complained would face “vilification and harassment if their identities and contact details were available to public at large”.

The court heard Mr Anderson undertook an “extraordinary” personal audit of Lattouf’s social media amid pressure from pro-­Israel lobbyists to see the fill-in radio host taken off the air, the Federal Court has heard.

In text messages read aloud for the court, Mr Anderson told the ABC’s chief content officer, Chris Oliver-Taylor, that the organisation had an “Antoinette problem” because of her socials being filled with “anti-Semitic hatred”.

Separate emails revealed Ms Buttrose told Mr Anderson the public broadcaster owed Lattouf “nothing” shortly before the ­Lebanese-Australian journalist was formally dismissed.

Mr Anderson is scheduled to enter the witness box on Tuesday, and Ms Buttrose will give evidence on Friday.

In opening Lattouf’s case on Monday morning, barrister Oshie Fagir alleged his client was sacked as the direct result of a “pro-Israel lobby” that “quite openly and frankly targeted her” in a “campaign” to see her “taken off air”.

He said the ABC was flooded with complaints claiming Lattouf was not an appropriate person to be hosting the morning radio show, and demanding she be taken off air for “impartiality” reasons. “The campaign’s objection did not relate to anything that Ms Lattouf had done on air or during her employment by the ABC,” he said. “It related purely to the fact that she held opinions critical of the conduct of Israel in general and particularly in relation to the Gaza war.”

Mr Fagir alleged Mr Anderson and Ms Buttrose bowed to the requests of the pro-Israel lobbyists behind the complaints.

He read aloud emails between Ms Buttrose and Mr Anderson, in which the former wrote: “Has Antoinette been replaced? I’m over getting emails about her.”

Former ABC chair Ita Buttrose.

Then ABC managing director David Anderson.

Mr Anderson replied: “Antoinette will finish up on Friday. It’s a managed exit given the situation. I can explain more tomorrow.

“Plan to respond to all those who have emailed on Friday afternoon.”

Ms Buttrose, seemingly dis­appointed with the response, said the public broadcaster owed Lattouf “nothing”.

“Why can’t she come down with flu or Covid or a stomach upset? We owe her nothing. We’re copping criticism because she wasn’t honest when she was appointed,” she wrote.

“Managed exit, really? ... we should be in damage control, not managed exits, David.”

Mr Fagir said Mr Anderson’s decision to personally review Lattouf’s social media posts was an “extraordinary step” considering she was on a temporary, five-day contract. “The managing director personally reviewed her social media posts and expressed views about them. The three of them (Ms Buttrose, Mr Anderson and Mr ­Oliver-Taylor) had a series of discussions about the views and about whether and when they could be rid of her,” he said.

“So far as the evidence goes, including the material produced in discovery, they did not at any stage involve any human resources adviser. They did not at any point seek legal advice. And we will say they completely and utterly ignored the provisions of their enterprise agreement and their own policies dealing with these issues.”

The ABC will argue Lattouf was removed from air after being given a “direction” not to post anything on social media relating to Israel or Gaza.