The ABC has been lashed by Greens Deputy Leader Mehreen Faruqi, who accused the broadcaster of having an issue with systemic racism during an intense Senate Estimates hearing on Tuesday.
The questioning came in the context of one of the ABC’s initial legal arguments in journalist Antoinette Lattouf’s unfair dismissal case, which started in Sydney’s Federal Court earlier this month.
In her statement of claim, Ms Lattouf argued her political opinion and race were factors in the ABC’s decision to terminate her radio presenting contract in December 2023.
The ABC initially argued the onus was on Ms Lattouf to prove the existence of a Lebanese, Middle Eastern or Arab race in relation to her claim.
However, following public backlash on the matter, the ABC’s barrister Ian Neil SC then clarified the broadcaster’s position in court, stating the ABC does “not deny the existence of any race”.
The ABC also withdrew its legal submission on the race argument.
During Senate Estimates on Tuesday, Senator Faruqi questioned why the ABC put the argument forward in the first place, suggesting the broadcaster had an institutional racism problem.
“The ABC has retracted that argument in court after huge community backlash,” Senator Faruqi said.
“So, you do understand this has harmed and hurt many communities that are racially marginalised in this country.
“We all know the ABC has a racism problem. That was pretty much there in Dr (Terri) Janke’s review where 120 staff, including current and former ABC staff, said that racism was systemic in the ABC.”
ABC Acting Managing Director Melanie Kleyn rejected the assertion, but said the broadcaster acknowledged the concerns raised from its staff and the community.
“Senator, if I may, I don’t believe it is a fair and reasonable statement to say at a broad-brush the ABC is a racist organisation,” Ms Kleyn said.
“We absolutely have acknowledged (concerns raised), particularly through the Janke review, and we are incredibly grateful for the people who came forward during that review.
“It’s not an easy thing to come forward by any stretch of the imagination.”
Ms Kleyn read an excerpt from an internal email sent by the ABC’s Chief People Officer Deena Amorelli to staff in relation to its race submission in Ms Lattouf’s court proceedings.
“The ABC recognises that, regrettably, this legal argument has caused distress in some sections of the community and our workforce,” the email stated, as read by Ms Kleyn.
“This was not the ABC’s intention. Today the ABC has made clear to the court that it does not dispute or contest Ms Lattouf’s race or national extraction being Lebanese, Middle Eastern or Arab.”
Senator Faruqi repeated her proposition that there is a “racism problem” at the ABC, as she referenced the recommendations of the Janke review handed down last year.
The independent review, conducted by lawyer and cultural leader Dr Terri Janke, found a “cultural issue” within the national broadcaster which allowed “racism to exist”.
The review found the corporation was not adequately equipped to deal with racism and revealed a lack of “shared understanding of racism among ABC leadership”.
“I guess what I’m saying is, the ABC has a racism problem because Dr Janke’s review made it clear that racism is systemic at the ABC,” Senator Faruqi suggested to Ms Kleyn.
The Senator asked if the ABC would reflect on its decision to take the race argument to court during Ms Lattouf’s case.
“I would like to ask, will you reflect on this decision to take this argument to court, a pretty atrocious argument about the existence of certain communities and races?” Ms Faruqi asked.
“Will you review this system at the ABC that has allowed this blatant racism to take place. Will you also reflect on that?”
Ms Kleyn said the ABC has reflected on the issue, which was evident in Ms Amorelli’s email to staff.
“It was very, very clear, again, I think in the language, the ABC recognises ‘regrettably’,” Ms Kleyn said.
“We have reflected and we have issued some correspondence that demonstrates that reflection.”
Senator Farqui asked if the ABC would commit to being “proactively anti-racist” and implement the recommendations of the Janke review.
Ms Amorelli conceded the legal argument should not have been put forward in the first place.
“It was a technical legal argument that we accept should never have been made and we withdrew the argument before the ABC opened its case,” Ms Amorelli said.
“But I appreciate the sentiment throughout sections of the community and our workforce, which we absolutely heard and we regret that the decision to run that argument was made expect that it should not have been made.”
Ms Amorelli also told the Senate Estimates hearing that “anti-racism” compulsory training is currently underway for all ABC staff, including executives and the board.
ABC spends $1.1 million on legal costs in case against Lattouf
The ABC has spent $1.1 million on external legal fees in journalist Antoinette Lattouf’s unfair dismissal case, the broadcaster’s Acting Managing Director Melanie Kleyn has revealed.
Ms Lattouf claims she was sacked by the ABC in 2023, while briefly working in as a fill-in host, after she allegedly ignored directions to not post on social media about the conflict in Gaza.
Ms Kleyn said during the Senate Estimates hearing on Tuesday the ABC had tried “on multiple occasions to settle the matter on a commercial basis”, without admission of liability.
“The ABC maintains that it did not terminate Miss Lattouf’s one-week casual contract unlawfully,” she said.
“But we do obviously understand that this is an impost on public funds and this is why we have tried to attempt to settle the matter.”
‘Big mistake’: ABC grilled over lack of ‘due diligence’ in hiring of Lattouf
The ABC has been grilled over its lack of “due diligence” by not examining Antoinette Lattouf’s social media platforms prior to the presenter being hired in 2023.
Acting Managing Director Melanie Kleyn said the broadcaster would “reflect” upon its recruitment processes in light of Ms Lattouf’s alleged unfair dismissal case, but signalled investigating an individual’s social media was unlikely to become official policy.
“We absolutely will reflect on this matter, we do reflect on this matter – it’s not something that I can say in detail exactly what we will do, as a result of this matter,” she said during Senate Estimates on Tuesday.
“Our position remains that we have a code of conduct policy, we have guidelines that underpin that policy, we do not take it upon ourselves to review each and every member of staff or potential members’ social media.”
Liberal Senator Sarah Henderson deemed the decision a “very big mistake”, given the ABC’s responsibility as a public broadcaster.
“Isn’t it incumbent on the ABC to ensure that you are not hiring an activist or someone who’s expressed particular views which might be contrary to your code or which might fall foul of your obligations under the ABC Act?” she said.
