The Lattouf trial: A question of bias at the ABC

Democratic freedoms, employee rights and public trust in the national broadcaster are all on trial in 'Antoinette Lattouf v Australian Broadcasting Corporation' trial. Managing editor Michelle Pini reports.

IT SAYS A LOT about the state of our Fourth Estate when the publicly-funded national broadcaster stands accused of terminating a journalist because of their race and political opinions.

It reveals much about the inadequacy of Australia’s employee protections.

It also says a lot about the parlous state of our democratic freedoms.

Perhaps most telling of the expendability of employees and the blatant lack of concern lurking under the surface of our cultural institutions is when the head of the national broadcaster thinks it reasonable to send an email to colleagues wishing for an employee to “get COVID”.

Something stinks at Ita’s ABC and it’s not just the journalism

Will ABC staff threatening a walkout following the sacking of journalist Antoinette Lattouf be a wake-up call for the national broadcaster?

At the very least, something is drastically wrong with the upper echelons of the ABC, as this emailed message to colleagues from then-ABC chair Ita Buttrose demonstrates:

Has Antoinette [Lattouf] been replaced? I'm over getting emails about her … 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.

Lattouf, who is of Arab descent, believes she was sacked from her role as an ABC radio presenter because of her race and the fact that she publicly opposed Israel's military campaign in Gaza.

She is suing the public broadcaster for unfair dismissal and whether or not her race was a factor in the termination of Lattouf’s employment will now be determined by the Federal Court.

Certainly, the fact that she shared on social media a Human Rights Watch (HRW) report, which alleged Israel was using starvation as a weapon of war – a report about which the ABC had previously published two news items – was put forward as the reason her services were no longer required by ABC management.

Lattouf says she was planning the next day’s episode with the program team when she was called into a meeting for a “quick chat” by ABC Radio Sydney manager, Steve Ahern.

Ahern then advised that she would not be presenting the next day because Lattouf's social media post:

“…Called into question the ABC’s impartiality.”

Ahern added:

“You can return to your desk, get your bag and leave.”

The ABC denies Antoinette Lattouf was sacked – despite being taken off the air before completing her stint on ABC Radio Sydney – because she was paid for the five days of her contract.

According to the ABC, Lattouf’s posts were considered “provocative” and indicative of bias, and constituted a breach of her employment contract.

However, Lattouf's barrister Oshie Fagir told the court that acting editorial director Simon Melkman, after assessing the social media activity in question, advised that "she [had] done nothing wrong” and told Lattouf:

“ … I've not identified any breach of our personal use of social media guidelines, no breach of our editorial protocols or the Act."

Although the ABC has also denied any influence from outside lobbyists over the decision to fire Lattouf, as previously reported by IA, a series of messages were sent directly to ABC chair Ita Buttrose and managing director David Anderson.

The texts indicated pro-Israeli lobbyists, Lawyers for Israel, had launched a coordinated campaign threatening legal action if Lattouf wasn't fired.

Apart from Ita Buttrose’s choice comments above, the court has heard David Anderson personally reviewed Ms Lattouf's social media accounts and sent text messages to outgoing chief content officer, Chris Oliver-Taylor, which including the following:

‘I think we have an Antoinette issue.’

And:

'[Lattouf's] socials are full of antisemitic hatred.’

Fagir questioned Anderson today in court on the usual process for making decisions on issues of impartiality and whether standards are breached:

Anderson replied there was a formal process by which impartiality is determined, including allegations being put to staff and an ensuing investigation. This is the "usual process", Anderson said, before admitting that this process did not appear to have been followed in Lattouf’s case.

Laura Tingle and aliens at the ABC

The legacy media's apoplectic reaction to Laura Tingle calling Australia a "racist country" has again highlighted the vital role of independent media as mainstream media journalism continues to decline.

Fagir also raised several other ABC employees who had been accused of bias, such as Laura Tingle, who had previously been “counselled” but not removed from the air:

“Ms Lattouf can’t make a public statement which is not impartial, but Laura Tingle can: that’s the fact of the matter, isn’t it?”

Anderson replied:

“It was a different matter and that was dealt with at the time.”

Back in 2022, ABC presenter Fauziah Ibrahim took a temporary break from on-camera duties following public criticism for compiling public Twitter lists labelling ALP supporters as “lobotomised shitheads”. She returned to her duties a short while later.

Of course, we can't be sure but it appears no one in ABC management circulated emails hoping Ibrahim would contract COVID.

But then Ibrahim had not criticised Israel or mentioned genocide.

On the question of bias, Lattouf was asked in court about a social media post that said, 'Gaza is being annihilated hourly', to which Lattouf responded:

"I don't think facts are controversial."

Certainly, the pro-Israeli lobby is active in its attempts to have journalists silenced, as the current case brought against Mary Kostakidis by the Zionist Federation of Australia and the sacking of cricket commentator Peter Lalor also demonstrate.

Whatever the outcome of the unfair dismissal case brought by Antoinette Lattouf against the ABC currently playing out in the Federal Court, the fallout for the national broadcaster and whether it can be trusted as a fair employer or, indeed, a credible news source, will be considerable.

The Federal Court proceedings of Antoinette Lattouf v Australian Broadcasting Corporation may be viewed here.

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Follow managing editor Michelle Pini on Bluesky @michellepini.bsky.social and Independent Australia on Bluesky @independentaus.bsky.social.