Former SBS newsreader Mary Kostakidis has launched a robust defence against racial discrimination proceedings, alleging they form part of a 'deliberate campaign to undermine and discredit' her over her public criticism of Israel's conduct in Gaza.
Legal Battle Over Social Media Posts
The case, now before the Federal Court of Australia, was initiated by Alon Cassuto, chief executive of the Zionist Federation of Australia (ZFA). Cassuto complained to the Australian Human Rights Commission that Kostakidis breached the Racial Discrimination Act by sharing two posts on X (formerly Twitter) in January 2024 concerning a speech by the late Hezbollah leader, Hassan Nasrallah.
Court documents reveal the first post, shared on 4 January 2024, included a video of Nasrallah's speech with a comment from Kostakidis stating: 'The Israeli govt getting some of its own medicine. Israel has started something it can’t finish with this genocide.'
A second post on 13 January, reshared from another account, quoted Nasrallah directly: 'Nasrallah’s message to Israelis: "If you want to be secure and safe, you have a US passport, go back to the US. You have a British passport, go back to the UK. Here you don’t have a future. From the river to the sea, the land of Palestine is for the Palestinian people only."'
'A Chilling Effect on Criticism'
In her defence filed with the Federal Court, Kostakidis, a prominent journalist and commentator, argues the proceedings are strategic. She claims they aim to cause a 'chilling effect' on her and others who have questioned Israel's actions since the 7 October 2023 attacks.
'The proceeding has been instituted as part of a deliberate campaign to undermine and discredit the Respondent, a prominent Australian who, since 7 October 2023, has questioned and been critical of the conduct of the State of Israel,' her defence states.
She further challenges the legal basis of the claim, arguing that the term 'Zionist' is a political ideology, not a race or ethnic group, and therefore falls outside the scope of the Racial Discrimination Act. She previously argued Cassuto's initial claim was so imprecise it could theoretically include 'a Jewish person who is ethnically Swedish'.
Disputed Claims and Procedural Delays
Kostakidis's defence vigorously disputes Cassuto's assertion that he was 'offended and insulted' by her posts. She notes he did not complain about either post until 14 July 2024, nor did he request their removal. The formal complaint to the Human Rights Commission was filed six months after the posts appeared.
Furthermore, her defence highlights that the ZFA held a press conference before the complaint was even lodged, which she suggests indicates a publicity motive. Her legal documents state that if Cassuto was offended, 'that reaction was extreme or atypical and should be disregarded.'
Kostakidis maintains her 4 January post was 'fair comment' on a matter of public interest and an expression of genuine belief. She denies the 13 January post was made because of the race or origin of Jewish Australians.
Next Steps in the Federal Court
The legal dispute is scheduled for a case management hearing before Justice Andrew McDonald on 18 December 2024 at the Federal Court in Melbourne. The outcome could set a significant precedent regarding the boundaries of political commentary, racial discrimination law, and free speech in Australia's highly charged public discourse on the Israel-Palestine conflict.
