Antoinette Lattouf: ABC reveals new public comment guidelines in staff email after wrongful termination case

ABC employees have been hit with a new set of public comment rules in light of the Antoinette Lattouf case.

The rules were announced at the ABC in an all-staff email and will replace the previous social media guidelines, sensationally thrown out shortly after Lattouf successfully won her unlawful termination suit against the ABC.

The guidelines extend to company workers not just on social media but additionally at public events or “any context where comments may reasonably be expected to reach a public audience”.

In the document under the expected standards, ABC employees are not to make public comments that “undermines your perceived or actual ability to perform your role; undermines the independence or integrity of the ABC or any ABC editorial content; implies ABC endorsement of your personal views; is on behalf of the ABC, or in a way that could be seen as representing the ABC, without prior authorisation”.

Ms Lattouf was hired on a five-day presenting role for ABC Radio in Sydney in December 2023 before being fired after she shared a social media post relating to the Israel-Palestine conflict.

The Federal Court later found the company had dismissed Ms Lattouf for expressing political opinion, which was a breach of the Fair Work Act (Cth) 2009.

Under the new rules, a worker’s contract may include “specific restrictions” around public comment.

“Public comments that do not meet the standards set out in these guidelines will be managed by line management, in consultation with People & Culture and Editorial Policies where required and may constitute a breach of the ABC’s Code of Conduct,” the guidelines read.

“A breach of the Code of Conduct will be dealt with in accordance with the relevant ABC employment contract and/or enterprise agreement and may lead to disciplinary action, including possible termination of employment.”