Overview of the case and the cost to the ABC
The Australian Broadcasting Corporation (ABC) has disclosed that external costs spent defending a legal action brought by journalist and broadcaster Antoinette Lattouf have surpassed $2.5 million. The figure was revealed by ABC managing director Hugh Marks during Senate estimates proceedings. The revelation comes after a Federal Court ruling found the ABC breached the Fair Work Act by terminating Lattouf’s employment following her sharing a Human Rights Watch post about the war in Gaza.
Justice Darryl Rangiah awarded Lattouf $150,000 in damages for breach of the Fair Work Act and a separate $70,000 for non-economic loss, adding pressure on the broadcaster to consider the broader implications of the legal fight. Marks cautioned that the total external costs were still rising and that further accounts or a possible costs hearing could affect the final tally.
Judicial findings and what they mean for the ABC
In its decision, the Federal Court concluded that the ABC’s decision to remove Lattouf from air during a five-day radio presenting contract in December 2023 was designed to appease pro-Israel lobbyists who had launched a campaign of complaints. The court found that the termination occurred because of Lattouf’s political opinion opposing the Israeli military campaign in Gaza, a finding the ABC has to reckon with as it reviews internal processes and decision-making powers.
Marks described the court outcome as a painful reminder of what can happen when governance processes fail. “There seemed to be many failings in the Lattouf matter. They should not have been lessons to the organisation, but they’re a good reminder of the expectations and responsibilities … to act appropriately in all environments,” he told senators. He also acknowledged the difficulty in estimating internal costs, which include the time and effort contributed by many staff members beyond the external legal bills.
Financial implications for the ABC
The ABC’s February estimate put external costs at around $1.1 million, a figure that has since almost tripled as the case progressed. Marks said the organization cannot simply “draw a line” under the matter and stressed that the evolving costs will depend on final accounts and potential further hearings. He attributed part of the cost surge to the broader legal strategy and the extensive work required to defend the case across multiple channels.
Beyond the immediate financial impact, the episode has raised questions about how internal policies and newsroom governance should function to prevent similar disputes. Marks noted that the incident was not a good reflection on the organisation, and including all stakeholders in the process is essential going forward. He highlighted a need to ensure staff understand who has decision-making authority within the AFP (ABC’s governance framework) and to strengthen adherence to established procedures.
Lessons for newsroom standards and governance
In reflecting on what the Lattouf case has taught the ABC, Marks emphasized calmness under pressure and strict adherence to procedures. The broadcaster must balance editorial independence with robust checks and a transparent approach to disputes involving staff. The episode serves as a case study in how political sensitivities and external advocacy campaigns can intersect with personnel decisions, underscoring the importance of clear guidelines around political content, staff conduct, and how to handle external complaints without compromising integrity.
What happens next and public accountability
With more final accounts and possibly additional costs on the horizon, the ABC faces ongoing scrutiny of both its legal strategy and internal reforms. The public and parliament will likely want further detail on how the organisation plans to avoid a repeat of the Lattouf episode, including training, policy updates, and governance oversight. Lattouf herself publicized that the case was never about money for her and asserted that the ABC had expended “well over $2 million of taxpayer money” in fighting the action, a point that continues to frame public debate about the balance between accountability and prudent use of public resources.
Conclusion
The Lattouf case highlights the potential costs involved when governance and policy fail to align with newsroom ethics and legal frameworks. As the ABC navigates the remainder of this dispute and implements its learnings, the organisation faces a broader challenge: to restore public trust while maintaining journalistic independence and accountability in a complex political environment.
