ABC Fined $150K for Unlawful Sacking of Presenter Over Gaza Post

In a significant ruling, the Australian Broadcasting Corporation (ABC) has been ordered to pay a $150,000 fine for unlawfully dismissing journalist and presenter Antoinette Lattouf. The Federal Court found that the ABC breached the Fair Work Act and its own enterprise agreement by terminating Lattouf's employment due to her political opinions expressed in a social media post about the Gaza conflict.

In December 2023, Lattouf, a fill-in presenter for ABC Radio Sydney's Mornings program, shared a post on Instagram that included a statement from Human Rights Watch criticizing Israel's actions in Gaza.

The post led to a coordinated campaign by pro-Israel lobbyists, resulting in numerous complaints to the ABC. In response, the broadcaster removed Lattouf from her casual role just three days into a five-day contract.

Justice Darryl Rangiah, who presided over the case, determined that the ABC had unlawfully terminated Lattouf's employment. The judge criticized the broadcaster for succumbing to external pressure from lobby groups and failing to uphold its obligations under employment law. The court emphasized that the dismissal was politically motivated and breached Lattouf's rights.

In addition to the $150,000 fine, the ABC had previously been ordered to pay Lattouf $70,000 in compensation for non-economic loss. The total amount awarded to Lattouf now stands at $220,000. The court's decision underscores the importance of protecting employees' rights to express political opinions without fear of retribution.

This case serves as a cautionary tale for media organizations regarding the treatment of employees and the influence of external lobbying efforts. The court's ruling highlights the need for broadcasters and employers to maintain independence and uphold legal standards, even in the face of public pressure. It also reinforces the principle that employees should not be penalized for expressing personal political views.

The ABC's case is not an isolated incident. Earlier this year, other broadcasters faced legal repercussions for similar actions. In the UK, religious TV channel The Word Network was fined £150,000 by Ofcom for broadcasting misleading claims about a "miracle water" product that could cure cancer, violating advertising standards. This penalty underscores the importance of adhering to regulatory guidelines and ensuring that content does not mislead or harm viewers.

In Nigeria, Channels Television was fined N5 million by the National Broadcasting Commission for airing a program that allegedly incited violence. The fine was imposed after an investigation found that the content breached broadcasting regulations. This case highlights the need for broadcasters to exercise caution and responsibility in their programming to avoid legal and financial penalties.

The ABC's unlawful dismissal of Antoinette Lattouf over her social media post about the Gaza conflict has resulted in significant legal and financial consequences. The $150,000 fine and the earlier compensation order reflect the seriousness of the breach and the court's commitment to protecting employees' rights. This case serves as a reminder to all employers of the importance of adhering to workplace laws and safeguarding the rights of their employees.