Mary Kostakidis has asked the Federal Court to strike out a racial discrimination claim brought by the Zionist Federation of Australia (ZFA), describing the case as “embarrassing” and too vague. The former SBS newsreader argues the claim fails to clearly identify which race, ethnicity, or nationality was allegedly offended by her social media posts about Israel.
Kostakidis’s interlocutory application contends that the claim is so ambiguous it could encompass ethnic Arabs who follow the Jewish faith or a Jewish person who is ethnically Swedish. She also argues that Zionism is a political philosophy with many shades of meaning, making it difficult to define a specific group.
The ZFA alleges Kostakidis breached the Racial Discrimination Act by sharing two X posts in January 2024 featuring a speech by late Hezbollah leader Hassan Nasrallah. One post stated: “The Israeli govt getting some of its own medicine. Israel has started something it can’t finish with this genocide.”
ZFA chief executive Alon Cassuto, who filed the original complaint, has rejected Kostakidis’s application as “without foundation”. In court documents, Cassuto argues that Zionism is clearly defined as the movement to establish a national home for the Jewish people, and that the reason for the posts was the racial or ethnic origin of Australian Jews and the national origin of Israelis in Australia.
Cassuto also alleges that since the 7 October attack, Kostakidis has posted antisemitic conspiracy theories, including claims that Israel controls the US government and was involved in the 9/11 attacks. The ZFA says the case is clear and that Kostakidis should file a defence rather than seeking to strike out the claim.
The matter is set to be heard by Justice Stephen McDonald in the Federal Court in Adelaide on Tuesday.
