‘Nobody understands the rules’: ABC social media policy a ‘farce’

Hugh Marks has delegated the job of rewriting the social media policy to editorial director Gavin Fang, who last year said he thought the organisation’s online guidelines were ‘pretty good’.

Antoinette Lattouf speaks to the media outside the Supreme Court after winning her case against the ABC. Picture: Nikki Short

You can now listen to The Australian's articles. Give us your feedback.

You can now listen to The Australian's articles.

The ABC executive tasked with overhauling the public broadcaster’s social media guidelines lauded the in-house rules governing staff’s use of online platforms just last year, as the fallout from the disastrous Antoinette Lattouf episode continues.

Gavin Fang, an ABC veteran of more than two decades who was appointed editorial director in January 2024, will draft a reworked social media policy in the wake of last week’s damning court judgment in the unlawful termination case brought by fill-in presenter Lattouf.

ABC managing director Hugh Marks admitted last week the Lattouf matter had highlighted the “confusion” about the ABC’s rules pertaining to employees’ personal use of social media guidelines, and said the existing policy would be replaced with new “public comment guidelines”.

Mr Marks has delegated the job of rewriting the social media policy to Mr Fang, who last year told ABC Alumni board director Quentin Dempster he thought the organisation’s online guidelines were “pretty good”.

“Younger people are growing up with social platforms and use social media as a communication tool and a way to engage on issues and topics,” Mr Fang said in the March 2024 interview.

“We need to grapple with the technology and the way that people are using it, and ensure that our policy is fit for purpose … but we need to ensure that we stick with our editorial standards. That makes us different from Joe Bloggs posting about what he thinks about something.”

Lattouf was sacked by the ABC after she shared a post – during her week-long contract with the ABC in December 2023 – from Human Rights Watch that accused Israel of war crimes, which Israel denies.

Prior to that stint at the ABC, Lattouf had made a series of personal social media posts accusing Israeli soldiers of using rape as a weapon of war.

In his judgment in the Lattouf case last Wednesday, Federal Court judge Darryl Rangiah said Lattouf’s HRW post “was ill-advised and inconsiderate of her employer”, and risked damaging the ABC’s reputation for impartiality.

But the judge found the ABC’s decision to terminate her employment because of her expressed political opinions contravened protections under the Fair Work Act.

That finding forced Mr Marks’ hand in commissioning an overhaul of the ABC’s existing social media guidelines, given the court judgment could act as a test case for staff exercising freedoms to publicly express their political views.

ABC managing director Hugh Marks says the existing policy will be replaced with new “public comment guidelines”. Picture: Gaye Gerard

The situation is complicated for the ABC by the fact its social media policy, and indeed the organisation’s charter, is underpinned by the obligation not to post anything that could “damage the ABC’s reputation for impartiality”.

But a senior ABC source close to the board told The Australian the idea that the public broadcaster could enforce an effective social media editorial policy was “laughable”.

“The ABC’s social media guidelines have always been a farce,” the source said.

“The rules are unclear, and perhaps the Lattouf matter has only clouded things further.

“Nobody understands the rules. Staff have no clue what they can and can’t post.

“Maybe we should just abandon the guidelines altogether. Common sense should prevail.”

An ABC spokesperson said on Sunday: “We have regularly updated the guidelines and the next update will include any clarification that is required following the court’s decision. As the MD (Marks) said on Wednesday: ‘I wish to stress the particular and fundamental obligations the ABC and its employees have to be independent and impartial in our work to ensure we continue to earn the trust of all Australians. Those obligations don’t change as a result of this decision’.”

The problem of ABC staff’s misuse of social media dogged the previous ABC leadership team of chair Ita Buttrose and managing director David Anderson, and was a constant source of questioning at Senate estimates hearings during their tenures.

Both Mr Anderson and Ms Buttrose did not respond to questions from The Australian on Sunday.