Former SBS presenter Mary Kostakidis has defended her right to political expression as the Federal Court considers whether to strike out most of a racial discrimination case brought against her by the head of the Zionist Federation of Australia (ZFA).
ZFA chief executive Alon Cassuto filed the case in April, claiming Kostakidis breached the Racial Discrimination Act by posting two X (formerly Twitter) posts in January 2024.
The posts included a video of late Hezbollah leader Hassan Nasrallah urging Israeli dual citizens to flee the region and a caption that read: “The Israeli govt getting some of its own medicine. Israel has started something it can’t finish with this genocide.”
Kostakidis’ legal team argued in court on Tuesday that the posts were part of legitimate journalism and political commentary.
Her barrister, Stephen Keim SC, said the criticism was directed at the Israeli government, not Jewish people, comparing it to criticising a sports team without condemning a nation.
Outside court, Kostakidis told supporters: “I’m a strong believer in freedom of the press and the freedom of political expression. I will defend my right to report the news and the right of every journalist to do so and the right of every Australian to engage in public debate.”
Cassuto, however, argued the posts were “not about free speech but hate speech,” claiming Kostakidis had “shared the calls of a prescribed terrorist organisation to ethnically cleanse Jews and Israelis.”
“This conduct reproduces an overseas conflict in Australia,” he said. “We have to stand up against racial hatred, no matter who is being targeted and no matter who is spreading it.”
Supporters gathered outside Adelaide’s Federal Court during the hearing, waving Palestinian flags and holding signs.
Justice Stephen McDonald has reserved his decision on Kostakidis’ application to strike out most of the case, with no date set for the ruling.
Source: The Advertiser.
