UPDATE: Former SBS News presenter Mary Kostakidis faces a high-stakes legal battle in the Federal Court today as she defends against a racial vilification claim brought by Alon Cassuto, CEO of the Zionist Federation of Australia. This urgent case, initiated in July 2024, revolves around Kostakidis’ tweets regarding the ongoing Gaza War, which Cassuto argues are “likely to offend, insult, humiliate and/or intimidate” Jewish Australians.
Kostakidis has submitted a 30-page defense refuting the claims, detailing 61 tweets and retweets made between October 2023 and March 2025 that she asserts are grounded in fact and highlight critical issues surrounding the conflict. The court is expected to address contentious topics, including the nature of Hamas and Israel’s actions, and whether alleged antisemitic incidents in Australia arise from genuine concerns or political narratives.
The implications of this case extend far beyond Kostakidis, raising significant questions about the Racial Discrimination Act and its use in silencing dissenting voices. Lawyer Mark Davis, representing Kostakidis, emphasized the potential chilling effect of such legal actions, stating, “This could happen to anybody on Twitter or Facebook.”
As the trial unfolds, it is possible that the court will also evaluate the broader context of free speech in Australia, especially given the polarized nature of discussions surrounding the Gaza conflict. With the stakes extremely high, this legal confrontation could redefine the boundaries of political discourse in the digital age.
The court’s ruling, expected to take considerable time, is anticipated to influence public funding and the ongoing debate over freedom of expression online. Many Australians are questioning why taxpayer resources are allocated to cases that may impact personal freedoms, especially in light of a landscape where heated exchanges over the Israeli-Palestinian conflict are rampant on social media.
Kostakidis’ defense claims that the lawsuit is part of a concerted effort to undermine her credibility as a public figure critical of Israel’s actions. The potential financial costs associated with the case could reach into the millions, and its outcome may not be determined until late next year.
As the legal battle intensifies, observers are urged to follow developments closely, as the ramifications of this case could resonate across Australia and beyond, impacting the discourse surrounding free speech and the complexities of racial vilification laws.
