Simon Melkman’s appearance in the witness box marks the end of the evidence, but not of the trial.
The parties will deliver closing submissions in the case on February 27 and 28.
That concludes today’s live coverage of the hearing, but a wrap of the evidence will be published shortly. Thank you for reading.
Simon Melkman, who was then-acting editorial director at the ABC, agrees in court that he had come to the view in December 2023 that Antoinette Lattouf may have breached the ABC’s guidelines on the personal use of social media.
He said this was because of her “previous social media activity” rather than the expression of opinions “per se”.
Lattouf’s barrister, Oshie Fagir, put to Melkman that he had in mind her opinions on the Israel-Gaza conflict, and Melkman reiterated it was the social media activity rather than the opinions “per se”.
Simon Melkman, who was then-acting editorial director at the ABC, is being asked about a series of posts on social media site X by prominent ABC journalist Patricia Karvelas.
Karvelas expressed a series of views in the posts, including calling Labor MP Linda Burney “a legend” and saying she was “genuinely shocked that there are many people stupid enough to protest and spread a virus [COVID-19] that might kill them”.
Prominent ABC journalist Patricia Karvelas expressed views in social media posts.
Lattouf’s legal team has foreshadowed it will argue that Lattouf was treated differently from other ABC journalists, who were not sanctioned for expressing views on social media.
Melkman agreed that there is no ABC rule preventing an employee from expressing a view on social media on a topic of public controversy, but he said it might still amount to a breach of the code of conduct or personal use of social media guidelines.
Simon Melkman, who was then-acting editorial director at the ABC, told the court there is no “blanket rule” preventing ABC employees from expressing opinions on social media with which sections of the community might disagree.
“There is no blanket rule of that nature,” he said.
However, he added that it could breach the ABC’s code of conduct or its personal use of social media guidelines.
In 2023, Simon Melkman was reporting directly to the ABC’s managing director, David Anderson.
He agreed under cross-examination by Antoinette Lattouf’s barrister, Oshie Fagir, that there is ordinarily a formal process for assessing whether an employee has breached ABC guidelines about the personal use of social media.
He said he believed “that was the process followed” in Lattouf’s case.
Melkman said that in this case “there was no formal determination” of a breach of the personal use of social media guidelines.
Simon Melkman, who was then-acting editorial director at the ABC, will start giving evidence shortly.
Justice Darryl Rangiah asks Ben Latimer, the ABC’s head of audio content, about an article in The Australian reporting on Antoinette Lattouf’s removal from her on-air post.
He questions whether it would be a breach of the ABC’s code of conduct to leak information to a journalist.
“I don’t know for sure, but I would be surprised if it wasn’t,” Latimer said.
Ben Latimer, the ABC’s head of audio content, agrees it was “unusual” to give a direction that he claims was issued to Antoinette Lattouf that effectively banned her from posting about the Israel-Gaza conflict on social media at all during a one-week stint on ABC Radio Sydney.
Whether that direction was given is in dispute.
“It was an unusual direction,” Latimer told the court.
Asked by Lattouf’s barrister, Oshie Fagir, if Lattouf was treated differently to other ABC employees, Latimer said: “I’m not sure I understand the question.”
Fagir suggested Lattouf’s social media posts were closely scrutinised by executives at the ABC and the reason she was treated differently was that she held opinions sympathetic to Palestinians and critical of Israel.
Latimer did not accept that proposition.
Ben Latimer, the ABC’s head of audio content, has returned to the witness box after the lunch adjournment.
He is being cross-examined by Antoinette Lattouf’s barrister, Oshie Fagir.
Antoinette Lattouf and her barrister Philip Boncardo outside the Federal Court in Sydney on Wednesday.Credit: Kate Geraghty
Fagir put to him that there is “no impartiality obligation attaching to ABC employees in the terms you described it earlier”.
“I don’t understand the question,” Latimer replied.
He disagreed that ABC employees regularly expressed opinions on social media and were not sanctioned for it, such as prominent journalist Laura Tingle suggesting Australia is a racist country.
The trial will resume at 2.15pm.