ABC managing director Hugh Marks said the matter \u201cwas not handled in line with our values and expectations, and Ms Lattouf, our staff and the public were let down\u201d.<\/p>\n
\u201cWe take the matter seriously and have reflected on the lessons learnt and their implications. We must be better.<\/p>\n
\u201cI would like to reiterate the ABC\u2019s sincere apology to Ms Lattouf and wish her all the best in the future.\u201d<\/p>\n
Lattouf\u2019s legal team had argued for a penalty of up to $350,000. The ABC submitted a penalty of up to $56,340 would be \u201cjust and appropriate\u201d, based on its view that the maximum penalty available was $187,800.<\/p>\n
Rangiah said in his decision on Wednesday that the ABC was exposed to \u201ca theoretical maximum of $375,600\u201d.<\/p>\n
He said the ABC had demonstrated \u201climited contrition for the broader effects of its unlawful actions on Ms Lattouf\u201d, and noted it had failed to investigate the source of a leak to The Australian about her removal from radio.<\/p>\n
\u201cThe ABC\u2019s capitulation in the face of political pressure means that a penalty of sufficient weight must be imposed to deter the ABC \u2026 when it is confronted with similar pressures in the future,\u201d the judge said.<\/p>\n
Lattouf was removed as a fill-in host of ABC Radio Sydney\u2019s Mornings program in December 2023 after sharing a post critical of Israel from non-governmental organisation Human Rights Watch on social media with the caption: \u201cHRW reporting starvation as a tool of war.\u201d<\/p>\n
In his decision in June, Rangiah found the ABC sacked Lattouf to \u201cappease \u2026 pro-Israel lobbyists\u201d because \u201cshe held political opinions opposing the Israeli military campaign in Gaza\u201d.<\/p>\n
He made a declaration that the broadcaster breached the Fair Work Act<\/a> by sacking Lattouf for reasons including her political opinion and by contravening its enterprise agreement<\/a> in failing to give her an opportunity to respond to allegations against her.<\/p>\n Rangiah found Lattouf was \u201cmerely provided with advice that it would be best not to post anything controversial about the war\u201d, rather than being directed not to post on social media.<\/p>\n He said on Wednesday that the ABC was \u201ccaught between the campaign by pro-Israel lobbyists, its statutory obligation of impartiality, including the appearance of impartiality, and Ms Lattouf pouring fuel on the fire by making a social media post that was obviously going to be controversial\u201d.<\/p>\n \u201cThe ABC\u2019s response was to surrender to the lobbyists\u2019 political campaign by sacrificing Ms Lattouf,\u201d he said. \u201cIt did so for spurious reasons and without giving Ms Lattouf the opportunity to defend herself.\u201d<\/p>\n The broadcaster had received complaints about Lattouf\u2019s appointment before that social media post because of her views about the war, which were not expressed on radio.<\/p>\n Lattouf was sacked about 48 hours after the complaints started, three days into a planned five-day hosting stint.<\/p>\n At 8.39pm on Tuesday, December 19, 2023, the ABC\u2019s then-chair, Ita Buttrose, had emailed the then-managing director, David Anderson: \u201cHas Antoinette been replaced. I am over getting emails about her.\u201d<\/p>\n Lattouf was removed from the air the next day by Chris Oliver-Taylor, the ABC\u2019s then-chief content officer.<\/p>\n Rangiah said the pressure applied to Oliver-Taylor by Buttrose and Anderson contributed to his \u201cpanicked decision\u201d to sack Lattouf. However, the judge said he did not think the pair could ultimately be held responsible for that decision.<\/p>\n