Mary Kostakidis tells court Zionist federation racial discrimination case is ‘embarrassing' and too vague
The journalist's interlocutory application said the claim is 'embarrassing' because it is so ambiguous it could include ethnic Arabs who follow the Jewish faith or 'a Jewish person who is ethnically Swedish'.
The former SBS newsreader has been accused by the ZFA of breaching the Racial Discrimination Act (RDA) by sharing two X posts about a speech by the late Hezbollah secretary general Hassan Nasrallah in January 2024. Kostakidis has not yet filed a defence but has asked the court to strike out the entire claim, or at least substantial parts of it.
The chief executive of the ZFA, Alon Cassuto, complained to the Human Rights Commission but the matter was not resolved and was escalated to the federal court.
Cassuto's claim says the breach came when Kostakidis shared a video of a speech by Nasrallah on X and added: 'The Israeli govt getting some of its own medicine. Israel has started something it can't finish with this genocide.' A second post sharing the same video on 13 January is also part of the claim.
Kostakidis' interlocutory application will be heard by Justice Stephen McDonald on Tuesday in Adelaide's federal court.
Sign up: AU Breaking News email
In documents filed with the court, Kostakidis submitted that the RDA claim is so imprecise and ambiguous about Jewish people and citizens of Israel it could include 'Arab ethnicity in the case of an Arab person who follows the Jewish faith' or 'a Jewish person who is ethnically Swedish'.
The submission argues Zionism 'is a political philosophy with many shades of meaning such that to identify as a Zionist says very little about a person's beliefs and sensitivities'.
Cassuto submitted Kostakidis' claim that Zionism is too vague to be defined is 'without foundation and should be rejected', according to his reply to the interlocutory application which was filed with the court.
'Zionism is, simply, the movement founded with the purpose of establishing a national home for the Jewish people in their ancestral homeland and which now supports that national home,' Cassuto said.
Kostakidis submitted the number of persons who identify as Jewish is 116,967 or 0.46% of the total Australian population. As she has 28,000 followers on X, she submitted the number of Jewish people who were aware of one or both of the posts would be a total of 120 people.
Cassuto said Kostakidis 'raises theoretical criticisms of form' to avoid dealing with the substance of the claim made against her, which is 'obvious'.
Sign up to Breaking News Australia
Get the most important news as it breaks
after newsletter promotion
'The pleaded reason for the impugned posts is: in the case of Australian Jews, their racial or ethnic origin as Jews; and in the case of Israelis in Australia, their national origin as Israelis,' the ZFA reply said.
'No other interpretation is fairly open. The fact that the respondent can point to the fact that an individual in each group may have more than one race or national or ethnic origin is plainly irrelevant.'
Cassuto alleges that since the 7 October attack, Kostakidis has posted on X 'about Israel and/or Jews, including among other things spreading various antisemitic conspiracy theories. Those antisemitic conspiracy theories include that Israel controls the United States government, that Israel assassinated John F Kennedy, that there was an alliance between Zionists and the Nazis, and that Israeli Mossad agents were involved in the September 11 2001 attacks.'
'The pleaded case is clear,' the applicant said in response to the interlocutory application. 'Ms Kostakidis has launched a wide-ranging but unjustified attack on a properly pleaded case. Mr Cassuto respectfully submits that the strike out application should be dismissed with costs, and Ms Kostakidis should be required to put on her defence so that his claim may be heard and determined at trial.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Independent
35 minutes ago
- The Independent
Gavin Newsom praised for new online posting style: All Caps and mimicking Trump
California's Democratic Governor Gavin Newsom is earning plaudits for his recent trolling of President Donald Trump by mimicking his social media habits, including all-caps posts. Newsom, a frequent foil for the president's social media outbursts, took to X Tuesday night to blast 'DONALD 'TACO' Trump,' -- a reference to 'Trump Always Chickens Out,' coined by a financial columnist over the president's back-and-forth tariff policies. Trump has been pushing several red states to gerrymander their congressional maps to give Republicans an upper hand, amid growing fears that the GOP could lose the House in next year's midterms. The maps are typically redrawn every ten years following the census, and not in the middle of the decade. Newsom sent Trump a letter Monday calling on him to end the 'unprecedented, mid-decade, hyper- partisan gerrymander to rig the upcoming midterm elections.' 'If you will not stand down, I will be forced to lead an effort to redraw the maps in California to offset the rigging of maps in red states,' he wrote. 'But if the other states call off their redistricting efforts, we will happily do the same. And American democracy will be better for it.' Newsom subsequently posted on X that Trump had 24 hours to respond to the letter. On Tuesday, as the deadline passed, he wrote: 'DONALD 'TACO' TRUMP, AS MANY CALL HIM, 'MISSED' THE DEADLINE!!! CALIFORNIA WILL NOW DRAW NEW, MORE 'BEAUTIFUL MAPS,' THEY WILL BE HISTORIC AS THEY WILL END THE TRUMP PRESIDENCY (DEMS TAKE BACK THE HOUSE!).' 'BIG PRESS CONFERENCE THIS WEEK WITH POWERFUL DEMS AND GAVIN NEWSOM — YOUR FAVORITE GOVERNOR — THAT WILL BE DEVASTATING FOR 'MAGA,'' he added. 'THANK YOU FOR YOUR ATTENTION TO THIS MATTER!' Sports reporter Emily Bicks wrote on Threads: 'Gavin Christopher Newsom keepin the no f***s energy comin.' Liberal social media commentator, Harry Sisson, wrote: 'I absolutely love how Gavin Newsom is treating Donald Trump with the disdain and disrespect that he absolutely deserves.' Journalist Karly Kingsley added: 'I don't think we're giving Gavin Newsom enough credit for what he's doing to defend democracy and to stop a wannabe dictator from consolidating power.' Attorney and Never Trump-er George Conway joined the presidential mockery, writing in response to Newsom: 'Many people, big strong men with tears in their eyes, will soon be saying, 'Sir, you have the most Amazing State, with the Most Beautiful Maps. No one has ever seen anything like this. Your Excellency, Sir, we are in awe of your Incomparable Gubernatorialicityness'.' But not all were on board with Newsom's style change. The Chief Strategy and Public Affairs Officer at Future Caucus, an organization for young lawmakers, Reed Howard, wrote: 'Race-to-the-bottom politics is a darn shame. America deserves better than this. I want real leadership.' Reporter Alex Gault added: 'If this becomes a lasting approach to political communications, I will be committing myself to whatever mental hospital still does lobotomies.' Last month, Trump asked Texas to redraw its maps to hand Republicans another five House seats in the state. Texas Democrats left the state to deny Republicans the ability to move forward with their proposal. Democrats then said they would look to redraw maps in blue states such as Illinois, California, and New York, prompting Republicans to consider taking action in Ohio and Indiana. California has an independent commission that draws political maps, and if Newsom moves ahead with his threat, he would need passage of a special ballot in November.
The Independent
2 hours ago
- The Independent
Experts fear Trump administration's use of ‘dehumanizing' memes is ‘a jump to actual violence'
An AI-generated image of an alligator in an ICE hat. A line of handcuffed immigrants being boarded onto a deportation flight, backed by the 'Jet2 Holiday' audio. A still from the movie E.T., encouraging immigrants to 'go home.' The Trump administration's use of social media jokes to promote the president's harsh and unpopular immigration policies is raising concerns among extremism experts that it dehumanizes immigrants by normalizing violence against them. The memes, along with artwork that alludes to nativist ideals and music that resonates with young people, are the latest move by the administration to promote its controversial policy of deporting millions of undocumented immigrants. Approximately 56,000 people have already been deported. The memes make light of aggressive ICE raids, some of which have turned violent. In one instance, a car was rammed by Immigration and Customs Enforcement agents while a baby, toddler, and woman were sitting in the backseat. In July, DHS's official X page posted a meme tapping into the viral TikTok 'Jet2 Holiday' trend, which typically uses the ad's theme song to show a funny or awkward moment on vacation. DHS used it to show handcuffed immigrants lined up to board a deportation flight. In another post, the DHS communications team posted an AI-generated image of alligators wearing ICE hats, making light of the recently-opened detention facility called 'Alligator Alcatraz' in Florida. Detainees have alleged there is maggot-infested food, limited water to bathe, and overcrowding at the facility. DHS's Instagram account uses popular music in montages of gun-wielding officers conducting practice raids. One video, with more than five million views, uses the words 'epic takedown' to describe ICE agents storming what appears to be a day laborer pickup spot and throwing people to the ground. The DHS account also used an audio compilation of Trump saying 'bye-bye' to flash mugshots of immigrants on screen – bragging about the number of people detained. Experts in social media and extremism told WIRED that the messaging is meant to target young people, and also downplays the real-life impact of immigration raids. 'I don't think that this messaging is bad because it's mean, or because it's sloppy, or because it's unbecoming of the Office of the President, although all these things I do believe are true,' Kurt Braddock, an assistant professor at American University who studies persuasive strategies used by violent extremist groups, told WIRED. 'My biggest problem with it is that it normalizes aggression. With the normalization of aggression and the normalization of the dehumanization of others, immigrants or otherwise, it's not much of a jump to actual violence,' Braddock added. Trump has called immigrants 'criminals,' 'illegal monsters,' and a 'threat.' His language is echoed by senior immigration officials, including Homeland Security Secretary Kristi Noem, who has referred to immigrants as 'dirtbags.' However approximately 70 percent of those in detention centers do not have a criminal record, according to TRAC Reports, a nonprofit data-gathering organization at Syracuse University. It found that most of those convicted of crimes have committed minor offenses, such as traffic violations. Joan Donovan, an assistant professor at Boston University and co-author of a book about memes in politics, told WIRED that DHS, 'in particular,' is using its social media to recruit and promote ideals toward 'young men in their teenage years or twenties.' Government agencies are trying to appear relatable to Gen Z with memes and other social media tactics. Recent documents from ICE shows that the agency specifically wants to target 'Gen Z and early-career professionals,' to fill more than 14,000 immigration job posts. The strategy is to target the groups through ads on Hulu, HBO Max, and Amazon Prime in addition to making social media posts, according to the documents. Most recently, DHS's Instagram page has used nostalgic audio and visuals to appeal to young people to join ICE. In one video, with more than 1.5 million views, a group of immigrants board a deportation flight while Frank Sinatra's Come Fly With Me plays. DHS spokesperson Tricia McLaughlin has defended the use of memes in the past, telling NBC News that she was not concerned about the content being divisive because the administration was using social media to 'straighten out the facts.' In a statement to WIRED, McLaughlin said: 'What's 'cruel' is the media continuing to ignore victims of murder, rape, human trafficking, and gang violence as you continue to do the bidding of violent criminal illegal aliens.' Abigail Jackson, White House spokesperson, said: 'The White House social media account often highlights the deportations of heinous criminal illegal aliens who have terrorized American communities.' Jackson referred to an earlier statement issued to WIRED which slammed the magazine and 'so-called 'experts, that they refused to provide additional information on, should cover what's actually cruel—criminal illegal aliens murdering, raping, and assaulting innocent American citizens as a direct result of Joe Biden's open border and Democrat sanctuary city policies. And while WIRED runs cover for criminal illegal aliens, we won't apologize for posting banger memes.' Lately, DHS and ICE's Instagram and X pages have posted American artwork that espouses nativist ideals. That includes 'American Progress,' a 1872 painting by John Gast, of an ethereal Lady Liberty floating above a Western landscape as white settlers advance across the frame with stage coaches and rail lines while Native Americans and buffalo run to the margins. In July, DHS posted the image with the caption: 'A Heritage to be proud of, a Homeland worth Defending.' separate X post, captioned 'Remember your Homeland's Heritage', features the contemporary painting 'A Prayer for a New Life' by Morgan Weistling, a close-up of a white pioneer couple clutching a baby in the back of a covered wagon. Brian Levin, founder of the Center for the Study of Hate and Extremism at California State University, San Bernardino, told WIRED that 'short bursts of imagery and music appeal emotionally in ways that facts and data often don't.' He added, 'It functions as an emotionally familiar and comforting gift-wrap that here revolves around protection, preservation, fear, and tribalism.'
Daily Mail
4 hours ago
- Daily Mail
Gavin Newsom channels his best inner Trump with theatrical parody that RALLIES demoralized Democrats
California Gov. Gavin Newsom is being celebrated by leaderless Democrats after adopting Donald Trump 's unique social media style to mock the president. Newsom announced on Tuesday that California would redraw its congressional districts after Trump ignored the governor's letter urging him to call off redistricting in red states. 'DONALD 'TACO' TRUMP, AS MANY CALL HIM, 'MISSED' THE DEADLINE!!! CALIFORNIA WILL NOW DRAW NEW, MORE 'BEAUTIFUL MAPS,' THEY WILL BE HISTORIC AS THEY WILL END THE TRUMP PRESIDENCY (DEMS TAKE BACK THE HOUSE!),' wrote Newsom's press office on X. The post is meant to mimic the unique cadence and colorful language Trump uses to write his messages on Truth Social in blaring all-caps font. 'BIG PRESS CONFERENCE THIS WEEK WITH POWERFUL DEMS AND GAVIN NEWSOM — YOUR FAVORITE GOVERNOR — THAT WILL BE DEVASTATING FOR 'MAGA.' THANK YOU FOR YOUR ATTENTION TO THIS MATTER! — GN.' Newsom wrote a letter to Trump on Monday demanding Trump order GOP-dominated states, including Texas, halt their efforts to redraw congressional districts. The governor told Trump he's 'playing with fire' before promising 'California can neutralize any gains you hope to make.' Newsom's office gave Trump until Tuesday evening to respond to the letter. The crude-Trumpian all-caps language of the tweet invoked celebration from Democrats who have been leaderless and searching for a fighter following their 2024 election drubbing. 'Love him or hate him, you've got to admit he's the fiercest fighter right now,' wrote X user @ML3democrats in a tweet that received over 57,000 likes. 'He terrifies Trump.' 'Gavin Newsom is so good at this,' Majid M. Padellan told his 1.3 million followers on X while attaching a screenshot of Newsom's tweet. Popular Democratic activist Brian Krassenstein praised Newsom on X, stating, 'Holy CRAP. Gavin Newsom is good at this game!' 'HA: Gavin Newsom just announced, in a way MAGA will understand, that California is moving forward with redrawing their maps after Trump failed to meet the deadline to stand down,' Harry Sisson commented. 'Go for it, Newsom!' Ahead of the 2026 midterm elections, Trump and Republican congressional leadership are urging several Republican-led states to redraw their districts to help create more opportunities for the GOP. Texas Gov. Greg Abbott responded earlier this week to Newsom's threats to neutralize any Republican gains. The Texas leader vowed to remove up to 10 of the 12 Democratic seats in the Lone Star State. Meanwhile, Democratic Texas lawmakers have fled to Illinois and New York to block a quorum over a vote for redistricting. If California moves forward with mid-decade redistricting, Newsom has promised to eliminate up to five GOP-held seats.
