The Zionist Federation of Australia (ZFA) has discontinued its federal court case against journalist Mary Kostakidis by consent, with no order as to costs. The case, brought under the Racial Discrimination Act (RDA), had accused the former SBS newsreader of breaching the Act by sharing two X posts about a speech by the late Hezbollah secretary general Hassan Nasrallah in January 2024.
Kostakidis had asked the court to strike out the proceedings, arguing the claim failed to identify which race, ethnicity, or nationality was offended by her social media posts about Israel. The ZFA's chief executive, Alon Cassuto, alleged the breach occurred when Kostakidis shared a video of Nasrallah's speech on X with the caption: “The Israeli govt getting some of its own medicine. Israel has started something it can't finish with this genocide.” A second post sharing the same video was also part of the claim.
The complaint was initially raised with the Australian Human Rights Commission before being escalated to the federal court. On Friday, the court confirmed that the case had been dismissed with the agreement of both parties.
Kostakidis Hails Discontinuation as a Win for Free Speech
In a statement, Kostakidis said she had spent “two years doing nothing but preparing my defence in a case aimed at silencing me.” She described the discontinuation as a “win for every Australian who values our democratic right to freedom of political expression.”
“I want to thank everyone who supported me,” she added. The case had been closely watched by free speech advocates and legal experts, who questioned whether the RDA was being used to stifle political commentary on international conflicts.
Legal Implications and Reactions
The ZFA's decision to discontinue the case by consent means that neither party admits liability, and no costs will be awarded. This outcome avoids a lengthy trial that could have set a precedent for how the RDA applies to social media posts about foreign conflicts.
Legal analysts suggest the case highlights the challenges of using racial discrimination laws to target political speech, especially when the alleged offence does not clearly target a specific race, ethnicity, or nationality.
Key Takeaways
- The ZFA's case against Mary Kostakidis has been discontinued by consent with no order as to costs.
- Kostakidis argued the claim failed to identify a specific race, ethnicity, or nationality offended by her posts.
- The case was initially lodged with the Australian Human Rights Commission before going to federal court.
- Kostakidis called the outcome a victory for freedom of political expression in Australia.
Comparison of Case Outcomes
| Aspect | ZFA's Claim | Kostakidis's Defence |
|---|---|---|
| Legal Basis | Racial Discrimination Act | Failure to identify offended group |
| Alleged Conduct | Sharing two X posts about Nasrallah | Political expression on Israel |
| Outcome | Discontinued by consent | No order as to costs |
FAQ
What was the case against Mary Kostakidis about?
The Zionist Federation of Australia accused Kostakidis of breaching the Racial Discrimination Act by sharing two X posts about a speech by Hassan Nasrallah in January 2024.
Why was the case discontinued?
The case was discontinued by consent, meaning both parties agreed to end the proceedings. No order as to costs was made.
What does 'by consent' mean in legal terms?
It means both parties agreed to the discontinuation without the court making a judgment on the merits of the case.
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