The racial discrimination lawsuit brought by the Zionist Federation of Australia against former SBS newsreader Mary Kostakidis over her social media posts regarding the Israel-Gaza war was discontinued in the Federal Court by consent of both parties, according to court announcements reported in July 2025.
Federal Court Proceedings and Discontinuation
According to the Australian Broadcasting Corporation, Zionist Federation of Australia chief executive Alon Cassuto launched the legal action in the Federal Court in South Australia in 2024. The lawsuit claimed that social media posts shared by Ms Kostakidis were reasonably likely to offend, insult, humiliate, or intimidate Australian Jews. Specifically, the action centered on a post featuring a video of the late Hezbollah leader Hassan Nasrallah telling Jews that Israelis do not have a future in the Middle East, which Ms Kostakidis captioned with the phrase “The Israeli govt getting some of its own medicine.”
On the opposing side, Ms Kostakidis’s lawyer argued that the posts did not meet the legal definition of antisemitism and were directed at the Israeli government rather than Jewish people generally, as reported by the Australian Broadcasting Corporation. Neos Kosmos noted that the Federal Court rejected an application by Ms Kostakidis last year seeking to have the proceedings dismissed prior to a full trial. However, the litigation ultimately ended without a substantive hearing or a court finding on the allegations, with both parties agreeing to a discontinuation with no order as to costs, meaning each side will cover its own legal expenses.
Differing Perspectives on the Legal Outcome
Both parties characterized the conclusion of the case according to their distinct objectives. Mr Cassuto stated that the ZFA initiated the lawsuit to seek recognition of the harm caused to ordinary Jewish Australians by the social media commentary, an objective that he maintained had been substantially satisfied. He pointed to an apology issued by Ms Kostakidis in January 2025 for any hurt, distress, or pain caused, though he noted that she subsequently continued her public commentary. Mr Cassuto stated that he did not intend to spend another year taking her commentary from the internet and giving it a Federal Court platform, according to the Australian Broadcasting Corporation.
Conversely, Ms Kostakidis characterized the resolution as a victory for press freedom and freedom of political expression. According to Neos Kosmos, she stated that she spent two years preparing a defense against a case aimed at silencing her. In statements reported by the Australian Broadcasting Corporation, Ms Kostakidis thanked supporters who assisted with her defense, asserting that the purpose of journalism is to get to the truth fearlessly and hold power to account. The proceedings concluded without confidentiality provisions, admissions of liability, or agreed facts, leaving both sides to interpret the final outcome through their respective public statements.