Sacked ABC presenter Antoinette Lattouf concedes Israel social media posts were ‘controversial’

An ABC fill-in presenter claims she was sacked from two shifts because of pro-Palestinian posts made on social media.

Sacked ABC fill-in presenter Antoinette Lattouf defended her social media posts in which she accused Israel of “war crimes”, calling them “evidence-based and fair” despite conceding there would be Australians who disagreed with them, a court has heard.

Ms Lattouf is suing the ABC, claiming her termination contravened the Fair Work Act and was motivated by complaints made during a campaign by the “pro-Israel lobby” because of her political beliefs.

Ms Lattouf claims she was shocked and humiliated and subjected to death threats after she was sent home for the final two days of a five-day stint on ABC Radio’s Sydney Mornings program in December 2023.

On day one of her high-profile trial in the Federal Court on Monday, the court was told senior management decided to remove Ms Lattouf after receiving a string of complaints.

Ms Lattouf claimed she was unlawfully sacked after sharing a post on social media from Human Rights Watch reading: “HRW reporting starvation as a tool of war.

“The Israeli government is using starvation of civilians as a weapon of war in Gaza.”

Presenter and journalist Antoinette Lattouf claims she was unlawfully dismissed from the ABC. Picture: NewsWire/ Gaye Gerard

The court heard she made a series of social media posts critical of Israel, including one on October 28, 2023 in which she said Israel was guilty of “the indiscriminate killing of children”, “war crimes”, “misinformation” and that Benjamin Netanyahu was the most “far right” Prime Minister in the country’s history.

Under cross examination from the ABC’s barrister Ian Neil SC, she was asked whether the post, and others, would be viewed as “controversial” by some sections of the Australian community.

Ms Lattouf said she accepted the post might be controversial to some, but added: “It didn’t deter me from posting it and I stand by it … If it’s factual, evidence-based and fair, I will share it.”

Asked if ABC journalists should be “impartial”, she said there was a history of some presenters and commentators being partisan on some issues.

While she noted that news journalists generally had to be impartial, she said some presenters, commentators and opinion columnists were partisan on their pet issues.

“We see time and time again, examples of presenters and personalities – depending on the role, depending on their profile, depending on the program – where they share a view based on facts and they don’t give equal weight to both sides because the facts are overwhelming,” she said.

The ABC claims she breached the public broadcaster’s social media policy. Picture: Supplied/Instagram

During his opening submissions to the court on Monday, Ms Lattouf’s barrister Oshie Fagir said she was subjected to “persecution” and was seeking to protect the expression of political opinion.

“It is clear that Ms Lattouf lost her job, one way or another, as a consequence of a campaign against her because she has frequently spoken out about the conduct of Israel in Gaza,” Mr Fagir said.

“She lost her job and has frequently expressed those opinions.”

He said she suffered more than losing two days of work as a result of her highly publicised sacking, and allegations that she breached managerial directions was “damaging to her career as a freelance journalist”.

She said she also received death threats and had to hire private security.

Ms Lattouf was called to a meeting on December 20 when the ABC alleged she had breached the public broadcaster’s social media policy.

During that meeting, she was told that she would not complete her final two on-air shifts.

Mr Fagir told the Federal Court on Monday that it was “darkly ironic” that she was sacked after that day after being quoted in a Women’s Agenda article speaking out about the “bullying” of pro-Palestinian reporting.

“She was sacked, on any view of the matter, because she shared an Instagram post in which she observed without comment that a respected human rights organisation had reported the use of starvation as a tool of war in the Gaza conflict,” Mr Fagir said.

“Ms Lattouf says in doing so the ABC sacked her because of her political opinions including her opinions critical of the conduct of the state of Israel in Gaza, her opinions regarding press coverage of the Gaza conflict.

“She says her conflict follows from a campaign, not by tabloid media, by a group of people identified as a ‘pro-Israel lobby’.”

The Instagram post Ms Lattouf says was behind her sacking. Picture: Supplied.

She claims the decision to sack her was made by Ms Buttrose, ABC chief content officer Christopher Oliver-Taylor and then managing director David Anderson.

Mr Fagir told the court that Mr Anderson took the “extraordinary” step of reviewing Ms Lattouf’s social media history.

Mr Anderson then wrote to Mr Oliver-Taylor saying “I think we have an Antoinette issue” and her social media posts were full of “anti-Semitic hatred”.

Mr Fagir told the court that in emails sent to Mr Anderson, Ms Buttrose said: “Has Antoinette been replaced? I’m over getting emails about her.”

He told the court that when Mr Anderson replied that she would finish up on Friday, Ms Buttrose said: “I have a whole clutch more complaints.

“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.”

Ms Lattouf says she suffered ‘reputational damage’. Picture: Supplied/X

The ABC argued that it had not terminated Ms Lattouf’s contract and it was entitled to act as it did according to her casual employment contract, and she was paid for the full five days.

It said her employment “ended by effluxion of time at the conclusion of (Ms Lattouf’s) rostered shift on 22 December, 2023”.

The ABC, in its defence filed with the court, said Ms Lattouf was told in the December 20 meeting: “In the context of your other posts, this is considered a breach of ABC policies and so you will not be required to present the last two programs you have been booked to present.”

Her lawyers said the ABC failed to take steps required under the enterprise agreement, including advising her in writing of the nature of the alleged misconduct.

Former ABC chair Ita Buttrose.

Former ABC managing director David Anderson. Picture: NewsWire / Martin Ollman.

She said she suffered “reputational damage”, “loss of opportunity of future engagements” and “hurt and distress”.

Mr Fagir said that she was sacked following a “vicious campaign” after the ABC received a “barrage of complaints” calling for her sacking.

He said the broadcaster at no point sought advice from human resources or lawyers.

On Monday, Justice Darryl Rangiah made a non-publication order over the names and details of anyone who had written to the ABC complaining about Ms Lattouf.

He said it was because of the fear of the people facing “vilification and harassment”.

The hearing continues on Tuesday.

Originally published as Sacked ABC presenter Antoinette Lattouf concedes Israel social media posts were ‘controversial’