Law Editorial

Zionist Federation v Mary Kostakidis: A defining moment for press freedom

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Zionist Federation of Australia CEO Alon Cassuto (left) has taken legal action against journalist Mary Kostakidis (Screenshots via YouTube)

Genocide is occurring in Gaza and Israel is currently a rogue state — but let’s be sure not to offend anyone by reporting the facts, writes managing editor Michelle Pini.

AUSTRALIAN JOURNALIST Mary Kostakidis is facing a protracted legal battle over two social media posts concerning the ongoing conflict in Palestine.

Zionist Federation of Australia CEO Alon Cassuto lodged a complaint with the Australian Human Rights Commission (AHRC) six months ago, accusing the former SBS broadcaster of antisemitism and breaching racial discrimination laws.

Mediation between Kostakidis and Cassuto at the AHRC did not lead to a resolution of the dispute.

SILENCING JOURNALISTS

Ms Kostakidis has since publicly apologised for any distress her posts may have caused.

Importantly, Kostakidis did not apologise for the posts in question or for reporting the facts:

I condemn antisemitism and racism of any kind. I did not, and do not, endorse the content of the speech made by Hassan Nasrallah, which I shared on my X account on 4 and 13 January 2024.

 

I accept that some of his comments may be seen as antisemitic but that is not a barrier to reporting them. To the Jews and/or Israelis in Australia who took my posts as an endorsement, I am sorry for their hurt, distress and pain.

CAUSING OFFENCE

Indeed, can the business of journalism realistically proceed if its priority is to avoid causing offence? If legal redress is granted for “causing offence” in this instance, who will decide what is "offensive" in all future matters?

Kostakidis told IA:

‘The fact is you cannot tailor journalism – reporting or commentary – around avoiding offence.’

Cassuto denounced  Kostakidis for 'continuing to regularly post deeply offensive content' and stated he is 'considering [his] options'.

Unsurprisingly, in an article on 4 January titled, ‘Zionist Federation "considering options" despite Kostakidis apology’, The Australian has upheld its high disinformation standards on this issue, adding it to the long list of topics on which it gets its facts wrong.

REPORTING FACTS

Both Cassuto’s response and The Australian article were incorrect as Kostakidis explains:

An error both have made is deeming I apologised for my post, which is not the case – I apologised for any distress and hurt it caused. There is a very big difference and I’m surprised

 

The Australian failed in their comprehension of the statement.

 

Apologising for the post would be an admission I should not have posted the speech, and as such that I would not re offend, so to speak.

In her detailed post on X, Kostakidis’ outlines why this is not the case:

Alon Cassuto asserts Nasrallah’s speech was unlawful, and ‘echoing’ his call is unlawful, thus implying my post was unlawful. I disagree with both assertions. Another error in his understanding of my statement is that I accepted the excerpt of Nasrallah’s speech "was antisemitic’.

 

I in fact stated some of his comments ‘may be seen as’ antisemitic.

 

That is contested, and here is why: In the clip of the speech I posted Nasrallah did not call for all Jews to leave. He clearly called for dual passport holders to leave.

 

This is an important distinction and goes to the heart of the Middle East conflict. He is objecting to the long term circumstances that have led to the genocide — the push to drive Muslim Palestinians out through demographic engineering, with the mass expulsion of Palestinians born there (and rendered stateless), with no right of return, and dual citizenship for Jewish people born anywhere in the world (and, as we know, periodic massacres Israel refers to as ‘mowing the lawn’).

The issue of what may be defined as antisemitic is also tackled by Kostakidis:

Furthermore, in Julian Assange’s half hour interview of Nasrallah some years ago, the Hezbollah leader articulates his vision for a just peace: one State, where Jews, Muslims and Christians ‘live in peace in a democratic state’ — live together with equal rights.

 

Is that antisemitic? It is certainly anti-Israel. Is being anti-Israel unlawful? That goes to the heart of the push to redefine antisemitism to include criticism or rejection of the apartheid state which at present is conducting a genocide.

GAZA GENOCIDE 

The Israeli Government openly and frequently refers to Palestinians as "animals" and calls for Gaza to be wiped out. 

The Israeli National Security Minister may be heard in this video saying:

“A Jew who defends himself and others against the murder of Palestinians is not a murder suspect but a hero who will receive my full support.”

The Israeli Finance Minister can also be heard calling for the “erasing of the village of Huwara” by the state of Israel.

The United Nations has declared Israel’s warfare methods in Gaza as:

 ‘...Consistent with the characteristics of genocide, with mass civilian casualties and life-threatening conditions intentionally imposed on Palestinians there.’

And the UN Special Committee called on all Member States to uphold their legal obligations to prevent and stop Israel’s violations of international law and hold it accountable.

Genocide is occurring in Gaza and Israel is currently a rogue state — but let’s be sure not to offend anyone by reporting the facts.

The attempted silencing of Kostakidis by the Zionist Federation is a pivotal moment for the future of journalism in Australia and the outcome of this legal action will not only affect Kostakidis’ right to report on events, it may well redefine Australia’s already tenuous press freedoms.

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

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