This week, journalist Antoinette Lattouf's unlawful termination case against the ABC started in Sydney's federal court.
In December 2023, Lattouf was hired on a casual basis by the public broadcaster to fill a five-day time slot on ABC Radio Sydney's morning show.
She was taken off air three days into the contract, after she shared a Human Rights Watch post on Instagram, with the caption "HRW reporting starvation as a tool of war" in Gaza. The ABC had reported on the same claims in the days before.
Lattouf filed an unlawful termination claim, arguing her employment was terminated based on her political opinions and/or race, and that this breached the ABC's enterprise agreement.
The Fair Work Commission that this did not happen as she was paid for the full five days.
A key issue in the case is whether the ABC directed Lattouf not to post anything on social media.
The public broadcaster is defending the case, saying that she was let go after breaching this direction as well as its editorial policies of impartiality.
Its argument questioning whether there is such a thing as a Lebanese race who have demanded an apology from its board and an inquiry into its editorial independence.
Lattouf pressed on whether posts considered 'controversial'
Lattouf was the first witness to give evidence in the case this week, and faced hours of questioning over two days.
She was cross-examined by the ABC's barrister Ian Neil SC on Monday over whether some of her social media posts about the Hamas-Israel war — statements including accusing the state of Israel of apartheid — may be considered "controversial" among some sections of the Australian community.
Lattouf described them as uncomfortable facts.
"When I share facts based on reputable sources, I don't deem that as controversial, " she said.
"I don't think it's controversial that journalists should question things. It's our job to."
Antoinette Lattouf says she faced a heavy personal toll for launching her lawsuit against the ABC. Source: AAP / Bianca De Marchi
Last year, the international human rights organisation — allegations which Israel has consistently denied, calling the report "baseless".
Lattouf said in court documents she opposed Israel's military campaign in Gaza, supported Palestinian human rights and believed the media should report on the conflict accurately and impartially.
Ita Buttrose: 'We owe her nothing'
Lattouf's barrister Oshie Fagir argued she was taken off air after a push by senior ABC figures, including then-chair Ita Buttrose, following complaints about her regarding past comments she had made about the conflict.
Buttrose, then-ABC managing director David Anderson and chief content officer Chris Oliver-Taylor had discussed how to remove Lattouf after a concerted campaign from a pro-Israel lobbying group, Fagir said.
"Has Antoinette been replaced? I'm over getting emails about her," Buttrose wrote in one email.
"Why can't she come down with flu or COVID or a stomach upset? We owe her nothing."
When an initial ABC investigation found Lattouf did not breach the broadcaster's code of conduct, the three senior executives opted to conduct their own separate probe, justice Darryl Rangiah heard.
Anderson — who announced his resignation in August — said she should take a managed exit at the end of the five-day shift, agreeing with Oliver-Taylor's opinion there would be "phenomenal blowback" if she was fired.
Lattouf was eventually dismissed that same day after sharing the Human Rights Watch post.
The journalist was told she had breached the broadcaster's social media policy because the post called into question the organisation's impartiality.
Outgoing ABC managing director David Anderson told the court he had been "challenged" by Lattouf's comments on social media. Source: AAP / Bianca De Marchi
Lattouf's personal toll: 'I don't want any of this'
Six months after launching her federal court lawsuit, Lattouf posted a video on Instagram saying she was recognised publicly, but had not signed up to be the "poster girl" for humanity, justice and press freedom.
Under questioning by Neil on Tuesday, Lattouf said she had been hired to speak on air about cats and Christmas pudding, but had shared a post that came at a significant cost.
"Ongoing litigation, continually lied about, defamed, derided by the new chair of the ABC at the National Press Club, I've had the most horrible mischaracterisations about me in the Murdoch press," she told the court.
"I don't want any of this. I shared a Human Rights Watch post."
Fagir earlier submitted that after the "shocking and humiliating" sacking, his client received death threats and was forced to hire her own security.
Lattouf denies being directed to avoid posting on social media
On Tuesday, Lattouf also recounted a phone call with ABC Radio Sydney content director Elizabeth Green, two days before she was taken off air.
Green allegedly described the ABC receiving a flood of complaints from pro-Israel lobbyists about the decision to put her on air.
"I said, 'If the sky was blue, they'd probably have a problem with it,'" Lattouf told the court.
"(Green) said, 'Yes I agree, it's angering me that I have to have this conversation.'"
Lattouf said she pushed back on a suggestion that she keep a low profile on social media and refrain from posting anything during her time with the ABC.
"I said, 'I don't think it's fair that I don't post,'" she told the court.
Lattouf said Green eventually agreed she could post facts from reputable sources but not conjecture or misinformation.
Lattouf denied being given any orders, saying Green had offered a suggestion they then discussed.
She said she had pushed back against what she saw as an arbitrary use of the ABC's social media policy.
"I've been a journalist long enough to know that it's a bit strange just to pick and choose which presenters can share facts about what topics," Lattouf said.
Chris Oliver-Taylor arrives at Federal Court of Australia in Sydney on Friday. Source: AAP / Bianca De Marchi
'Australia is a racist country' an impartial statement, Anderson says
On Wednesday, his first day of giving evidence, outgoing ABC boss Anderson admitted that Lattouf's removal was "atypical" because she had not been given the chance to defend her actions.
However, Anderson told Lattouf's barrister that the end result would have been the same because her conduct gave "cause for concern".
Anderson was presented with examples of well-known ABC news presenters who had made controversial public statements without being fired.
Among other listed ABC personalities, chief political correspondent Laura Tingle said at the Sydney Writers' Festival that "Australia is a racist country" — a statement which Anderson said was impartial.
"I think it's an impartial statement because it's based in fact," he told the court.
Tingle was not sanctioned over the comment but was counselled over later criticisms she made of federal Opposition leader Peter Dutton.
Anderson said how the ABC responded depended on the context.
Anderson's concern Lattouf posts contained 'antisemitic hatred'
Anderson told the court on Thursday that he personally reviewed Lattouf's "challenging" social media content on Israel and Gaza.
Under questioning by Fagir, he said Lattouf should not have been hired for live talkback radio. "I believe that was a mistake, yes," he said.
Anderson told the court he was concerned someone could have called up Lattouf to discuss the conflict while she was on air and that it may have been difficult to comply with the public broadcaster's obligations of impartiality.
While Oliver-Taylor's team found Lattouf had not breached any of the ABC's policies, Anderson personally Googled her and browsed her Instagram account.
He forwarded screenshots to Oliver-Taylor, telling him the ABC had an "Antoinette issue" as her social media feeds contained "antisemitic hatred".
On Thursday, he told the court he abhorred racial hatred of any kind.
However, he denied being personally offended by the content on Lattouf's social media, instead saying he was "challenged" by the comments.
ABC executive denies knowing Lattouf's views on Gaza
Giving evidence on Friday, Oliver-Taylor told the court he did not know exactly what Lattouf's views were on the Hamas-Israel war when he made the decision not to put her back on air.
"I'm not an expert in the Israel-Gaza war," he said.
"I'm not an expert in nuances of the debate. I don't want to suggest I know Ms Lattouf's views either way, I don't.
"I was concerned about impartiality on the ABC."
He told the court "it was her published views that meant there could be a perception of bias".
The ABC's social media guidelines differentiate between employees' use of official accounts and their personal profiles, which are not subject to editorial policies.
Oliver-Taylor said the ABC did not require its employees to be impartial in every aspect of their lives, but there were circumstances where that requirement could extend further.
"I think that if you are hosting a live radio show while holding particular positions — a journalist for example — there are certain topics which become very difficult to hold any published personal view," he said.
Oliver-Taylor has since resigned and will be leaving ABC at the end of February.
The hearing continues before Rangiah.
