The ABC’s legal position that Antoinette Lattouf must prove that Middle Eastern races exist has been widely criticised by multicultural groups, with one demanding a public apology and accusing the public broadcaster of “betraying Arab Australians”.
In her unlawful termination case against the ABC, Lattouf has alleged that her political stance and race played a role in the decision to terminate her casual radio hosting contract after she posted on social media about the Israel-Gaza war.
The case, which is being heard in the federal court, was brought by Lattouf after she was hired as a casual host on ABC Radio Sydney’s Mornings program for one week in December 2023 and then taken off air three days into a five-day contract.
The ABC’s legal team this week argued that Lattouf had needed to prove the existence of a Lebanese, Arab or Middle Eastern race and that she had not provided the evidence to do so.
“It follows that Ms Lattouf’s case … insofar as it depends on ‘race’ as an attribute, must fail”, the respondents said in a submission released by the court.
However, the ABC’s lead barrister, Ian Neil SC, said in court on Wednesday that “the ABC does not deny the existence of any race” and the onus was on Lattouf to provide evidence in relation to any race claim she may make.
The position was widely criticised by Australian Middle Eastern and multicultural groups.
The Arab Council Australia (ACA) said the ABC’s legal defence was “disturbing” and demanded an independent inquiry.
The ACA also criticised the ABC’s managing director, David Anderson, for saying he hadn’t “formed a view as to whether there is or there isn’t” a Lebanese race when questioned about it during the federal court case.
The president of the Australian Lebanese Association (ALA), Raymond Najar, said the ABC’s position was “surreal and blatantly racist”.
“Here we have the head of the national broadcaster accusing Ms Lattouf of being racist for stating facts on the one hand and then erasing her race all within a couple of hours of each other and seemingly blind to the irony of it all,” Najar said.
“No other cultural group would stand to have its identity denied in this way.”
The ALA was also demanding an independent inquiry.
The advocacy group Democracy in Colour pointed to a statement by the ABC’s national union committee which said their employer’s handling of the case, “destroys any hope that the ABC intends to address the systemic racism identified by the Janke review of last year”.
Indigenous lawyer Dr Terri Janke, a Wuthathi, Yadhaighana and Meriam woman, led a review into racism at the ABC last year. Janke’s team spoke to 120 participants comprising current and former ABC staff to hear their experiences of racism at work. Only one participant said they had not personally experienced racism within the ABC.
The ABC declined to comment when contacted by Guardian Australia.
