South Australian Premier Peter Malinauskas is at the center of a defamation dispute after Palestinian Australian author Randa Abdel-Fattah issued a formal concerns notice. This action follows comments made by Malinauskas, which Abdel-Fattah has described as a “vicious personal assault” on her character.
Abdel-Fattah’s legal move comes in the wake of her controversial disinvitation from this year’s Adelaide Writers’ Week, an incident that led to widespread backlash, including a boycott and board resignations, ultimately resulting in the event’s cancellation.
Background of the Dispute
In a statement shared on Instagram, Abdel-Fattah accused Malinauskas of making repeated derogatory public statements about her in the aftermath of her removal from the festival lineup. “We have never met and he has never attempted to contact me,” she asserted.
Malinauskas, who has faced criticism from the Greens and arts commentators, was accused of pressuring the festival board to retract Abdel-Fattah’s invitation. However, he denied these claims, stating that while he expressed the state government’s disapproval of her participation, he did not have the legal authority to direct the board’s decisions.
Allegations and Responses
Abdel-Fattah’s statement further accused the premier of insinuating that she was a “terrorist sympathiser” and linking her to the “Bondi atrocity,” which she described as not only defamatory but terrifying. Her lawyers confirmed that these allegations stem from comments made by Malinauskas during a press conference.
“This was a vicious personal assault on me, a private citizen, by the highest public official in South Australia,” Abdel-Fattah stated.
During the press conference, Malinauskas rejected suggestions that he had influenced the Adelaide Festival board’s decisions. He made a hypothetical comparison to illustrate his stance on the matter, which has been a focal point of the defamation claim.
Premier’s Defense and Legal Implications
At a subsequent press conference, Malinauskas stated he was unaware of receiving a concerns notice. He defended his actions and comments, asserting they were motivated by a desire for compassion and civility.
“Every step of this journey, all of my remarks and indeed actions, have been founded in a desire for compassion and people treating each other civilly,” he explained.
The legal proceedings are governed by the Defamation Act, which mandates a concerns notice as a prerequisite before court action. This notice allows the accused party a 28-day period to address the complaints, potentially through an apology, correction, or retraction.
Potential Resolutions
Michael Bradley, Abdel-Fattah’s lawyer from Marque Lawyers, emphasized that the notice provides Malinauskas an opportunity to “right the wrong.” He highlighted that Abdel-Fattah remains open to resolution, provided it includes a “genuine” apology, distinct from the one issued by the Adelaide Festival Board, which she rejected.
The board’s apology, which coincided with the cancellation of Writers’ Week, stated that the decision to disinvite Abdel-Fattah was not about her identity or dissent but rather the shifting discourse around freedom of expression following a significant national tragedy.
“The board initially claimed past statements from Abdel-Fattah, who has criticized Israel on social media, meant it would not be ‘culturally sensitive’ for her to appear at the festival so soon after the antisemitic terror attack at Bondi Beach,” Bradley noted.
Looking Ahead
The unfolding legal situation highlights ongoing tensions in Australian discourse regarding freedom of expression and cultural sensitivity. As both parties navigate the defamation process, the case could set precedents for how public figures engage with controversial topics and the consequences of their public statements.
For continuous updates on this story and more, download the SBS News app and subscribe to our newsletter.
