Taxpayers are facing a $2 million-plus bill for the ABC’s failed legal defence of its decision to fire a radio host for her views on Gaza.
Antoinette Lattouf, 41, was awarded $70,000 in damages after winning her unlawful termination case in the Federal Court yesterday.
The journalist was let go three days into a planned five-day radio stint in December 2023 following a concerted effort of complaints by pro-Israel lobby groups.
Marks indicated that the additional radio assignments could have pressured the ABC to sacrifice its editorial independence due to outside influences.
Rangiah found the ABC had unlawfully fired Lattouf for holding a political opinion.
The ruling fully supported Lattouf’s decision to share a report that was “absolutely accurate” and had prior ABC coverage, according to Kenneth Roth, the ex-leader of Human Rights Watch.
Roth said she did “nothing wrong” and he was amazed the ABC had spent so much money fighting the case, even if “undoubtedly embarrassed” at succumbing to external pressure.
“They’ve made a bad situation worse,” he told ABC Radio.
The decision was “groundbreaking” and gave clarity to employers about political opinions expressed by employees off-duty, Associate Professor of Law Giuseppe Carabetta told AAP.
There were still questions, however, he said, pointing to comments — that he had received — that the judgment would help someone get away with hate speech.
“I don’t think the decision means that at all,” he said.
“But we still don’t know how far political opinion will go. That’s the unknown.”
The decision also reignited calls for a national human rights act.
“(This litigation) draws attention to the current lack of a constitutional right to freedom of speech in Australia,” Australian Lawyers Alliance spokesperson Greg Barns SC said.
