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Federal Court Reserves Ruling on Kostakidis’s Strike-Out Application in Racial Discrimination Claim

A judge will decide whether reposts of a proscribed terrorist leader’s speech on X are protected commentary or unlawful under section 18C of the Racial Discrimination Act

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Overview

  • Mary Kostakidis sought to dismiss the Zionist Federation of Australia’s claim as vague and embarrassing for not specifying which protected groups her posts allegedly offended
  • The ZFA alleges her January 2024 X reposts of Hassan Nasrallah speeches were reasonably likely to insult and humiliate Australian Jews and Israelis in breach of section 18C
  • Kostakidis’s legal team argues her posts were fair and accurate reports of public interest statements and qualify for section 18D’s exceptions for journalism and political commentary
  • ZFA counsel Michael Borsky KC countered that the added commentary turned the reposts into an endorsement of extremist content, requiring the matter to proceed to trial
  • Justice Stephen McDonald reserved judgment on the interlocutory application and indicated his decision would be issued at an unspecified later date