Mary Kostakidis is one of Australia’s finest journalists, but more than that, she also resolutely stands against oppression and injustice.
I witnessed this first hand when I worked alongside Mary in the Australian Assange campaign. But now she finds herself on the receiving end of an extensive complaint by Alon Cassuto, the CEO of the Zionist Federation of Australia, a renowned member of the powerful Israel lobby group in this country, over tweets and retweets Ms. Kostakidis has made since October 7.
As Ms. Kostakidis is forced to ‘lawyer up’ to defend herself against Mr. Cassuto who has engaged Arnold Bloch Liebler, a firm which has been acting for a number of pro Israel activists since October 7, broader issues are at stake.
I am not, in this analysis, offering any legal views on the Cassuto complaint, particularly the purported use of s18C of the Commonwealth Racial Discrimination Act, which prohibits the doing of an act that is reasonably likely to “offend, insult, humiliate or intimidate” someone on the basis of their race or ethnicity.”
As an aside however it is ironic, but not surprising given the gross hypocrisy of the hard right in this country, that they are not coming to Ms. Kostakidis’ defence. The hard right hates section 18C because they say it censors them. But when it suits them they are happy to see the Israel lobby and other causes they support, resorting to this provision.
By broader issues I mean freedom of speech, and in addition specifically in the Gaza conflict context, the nature of commentary and statements on X, and the need to ensure that it is understood that simply because an X user reposts something does not mean they endorse the original post.
But first some general observations about the attack on freedom of speech and freedom of expression which is coming thick and fast the way the Gaza conflict is playing out in Australia.
To call for the eradication of Israel is no more odious than statements that ethnic cleansing of Palestinians is acceptable. Yet it seems the media focuses on the latter rather than the former.
It is apparent that in this conflict the establishment, by which one means institutions like the ABC, other mainstream media, many universities, and the major political parties, with the notable and laudatory exception of the Greens, are bending over backwards to accommodate the Israel lobby. The appointment of an Anti-Semitism Commissioner, and threatened expulsions of students cases in point.
And let’s single out the particularly egregious example of the ABC’s pathetic sitting on the fence over the Gaza conflict. How can one sit on the fence as a journalist when genocide is happening? The ABC is happy to take an anti Russia and anti China stance but Israel seems to be a special case.
In the Gaza conflict, where Israel is committing genocide, war crimes and crimes against humanity, and has been doing so since Hamas’ appalling conduct on October 7, it is critical that all views are heard. It is also important we know what both sides are saying, including at the extreme ends.
And this is why there is nothing wrong with X and other social media account users, either pro Israel or pro Palestinian, from drawing attention to outlandish claims. If we do not do so, then we are putting our heads in the sand.
We also need to recognize there is a very big difference, and a meaningful one, between reposting an X post (or a post on Facebook for that matter), and posting one yourself.
The latter can be said to express a view. The former might be agreeing, or simply reporting on the post. In other words, bringing it to our attention.
To trawl through X accounts looking for reposts we don’t like and then seeking to close down, or curtail the owner of that account, represents an attack on freedom of thought and freedom of speech.
None of this is to suggest for a moment that you should condone or use social media to incite violence (a Trump supporter tool), or break other laws.
To return however to the broader implications for freedom of speech in Australia posed by the all too frequent pursuit and painting of pro Palestinian advocates and opponents of Israel’s military and political apparatus, as somehow endorsing terrorism or anti-semitism.
While the media ‘goes after’ people like Ms. Kostakidis and other high profile individuals in this country who publish and republish material from the perspective of those opposed to Israel and its actions, there is little or no equivalent outcry over those who are endorsing Israel’s crimes. Crimes which are the subject of the International Criminal Court process and rulings from the International Court of Justice.
When do we see the Australian media or political establishment harass these people? Never.
But what we do hear and read from the Australian establishment is that critics are ‘antisemitic’. This is a slur which is so frequent in its use, it redefines the term ‘over used’. It is designed to censor. And the Prime Minister Mr Albanese has given it a boost with his pandering to the pro Israel groups in Australia by spending taxpayers funds on a special commissioner? Why not a commissioner to protect Asian Australians or those from African countries?
The Gaza conflict has shown how fragile freedom of speech and freedom of expression is in Australia. It has exposed yet again that without a constitutionally protected free speech right, our laws and policies can be subverted by interest groups who want to tape the mouths of their opponents.