Justice McDonald has forced journalist Mary Kostakidis to continue her lengthy and expensive fight against the Zionist lobby. What’s the scam?
The scam is that Section 18 of the Racial Discriminating Act is so poorly drafted that it effectively enables the persecution through the courts of people for voicing (or sharing) an opinion about what’s happening in a war zone. Or in any kind of public conflict. Or, for voicing an opinion at all in a public forum.
All that the law requires is for someone to claim they’re offended, and off to court we go.
Although there will be some who criticise McDonald’s ruling, he is merely the arbitrator of poor legislation that has yet to be fully tested in court.
Former SBS newsreader and journalist, Mary Kostakidis, was sued by the Zionist Federation of Australia for making racially motivated statements when sharing posts about the genocide in Gaza on X.
Racial Discrimination Act put to test in Mary Kostakidis case
Yesterday’s ruling was to decide if claims made by Kostakidis about the merits and substance of the case should be dismissed. The Court ruled in her favour on some points, dismissed many, and allowed for the ZFA to amend its statement of claim further.
Kostakidis’ barrister Stephen Keim previously argued,
Criticising a state’s actions or political ideology has nothing to do with racial discrimination.
Perhaps the law says otherwise, perhaps it doesn’t. The case will now go to court sometime next year.
** Breaking: Interlocutory Judgement in my case today (NB journalists this is affects you)
‘It is not logically impossible that a particular news reporter, even when acting as a news reporter, might engage in particular acts because of people’s race or ethnic or national origin.…— ?Mary Kostakidis (@MaryKostakidis) October 9, 2025
What are the implications for Australia if the ICJ rules against Israel in the genocide case?
