Political opinion puzzle after ex-ABC host's court win

West Australian

5 hours ago

A decision awarding $70,000 in damages to an ABC radio host fired for her views on Gaza has been seen as "groundbreaking" but raises further questions about what can be claimed as a political opinion.
Antoinette Lattouf was dismissed three days into a five-day casual radio shift due to a co-ordinated campaign of complaints from pro-Israel lobbyists.
The 41-year-old shared a Human Rights Watch post saying Israel was using starvation as a "weapon of war" in Gaza before she was terminated.
Justice Darryl Rangiah found the ABC had unlawfully fired her for holding a political opinion.
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 which remained however, he said, pointing to comments 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 has led to one legal not-for-profit calling for clarity with a national human rights act.
"(This litigation) draws attention to the current lack of a constitutional right to freedom of speech in Australia," said Australian Lawyers Alliance spokesperson Greg Barns SC.
"A federal human rights act would ensure that those who wield power such as employers are subject to a code of conduct that would prevent them from exercising this power in a way that infringes upon people's rights."
Justice Rangiah is yet to determine whether the ABC will pay a penalty or Lattouf's legal costs.
On Wednesday, the organisation's managing director Hugh Marks admitted on ABC News that more than $1 million spent defending the case was not a good use of taxpayer money.