Justice, advocacy, and a terrible precedent
Welcome to the end of a week in which advocacy journalism got a big boost in the form of an incisive, unequivocal legal judgment that is patently fair, and may have terrible consquences for journalism.
I should flag, before you read any further, that I’m not Tim Burrowes and that therefore these are not his opinions. Stick with me.
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The Lattouf decision was right, but …
When Tim, Abe Udy and I sat down to record the Mumbrellacast on Wednesday the Lattouf decision was just a few hours old. I hadn’t had time to read Justice Darryl Rangiah’s full 155-page decision, and only knew what he had summarised to the packed courtroom.
I opined then that the decision wasn’t a win for advocacy journalism. That what the judge had said was that it was a contravention of the Fair Work Act to sack a person for the holding of political beliefs or the expression of those beliefs. That, to me, didn’t mean that it was carte blanche for reporters, presenters and editors to bring their political beliefs into their work.
That isn’t how others are taking the case, instead seeing it as a precedent for the right of journalists to express themselves and the causes they believe in, anywhere. Not only are you allowed to have a political opinion, but you can also now express that opinion, right? The judge states it plainly:
“The protection for employees under s 772(1) against termination of employment for reasons including ‘political opinion’ encompasses not only the holding of a political opinion but also the expression of a political opinion.”
If people are reading Justice Rangiah’s decision this way, it’s a bad precedent. Advocacy journalism is a blight on the profession because it replaces a commitment to truth and impartiality with loyalty to a cause.
What the ABC lawyers didn’t bring into their defence, and what Judge Rangiah was therefore not asked to deliberate on, was the subsection immediately after the one quoted above: s 772(2) of the Fair Work Act. That gives an employer permission to terminate based on political beliefs if “the reason is based on the inherent requirements of the particular position concerned”.
That would seem to fit the ABC to a tee: a requirement of being a journalist with the national broadcaster is that you are perceived to be impartial. Why that particular section wasn’t argued in the Lattouf case probably speaks to the ABC’s extremely weak case more than anything else.
After all, Lattouf was sacked for posting something that didn’t contravene the social media policy, having not been directed otherwise.
Tomorrow: Tim will have a piece for you that goes deep into the judgment and the consequences for those still working within the ABC. It’s a cracker (I’ve read the draft).
The Index ends the week happy
By 2025 standards, the Unmade Index is in good shape today, bouncing back to a level close to the heady days post Trump’s inauguration. To give you a sense of progress, and going completely off piste, I’m posting a trended view from the beginning of the year below.
All stocks on the index rose bar Domain (-.23%) and ARN (-1.05%). Seven West Media (+3.33%) was the biggest winner proportionately, while News Corp gained 24c to close today .71% up.
More from Mumbrella…
ACMA rejects revised TV code of practice over gambling, booze concerns
‘Don’t be fooled by imbeciles’: Kyle Sandilands still believes in Melbourne
Time to get on with the weekend!
Hal Crawford
Editorial Director, Mumbrella
hcrawford@mumbrella.com.au
