Firebrand politician Mark Latham has lost a bitter legal battle and been ordered to pay $140,000 over a “Trump-style” sexually explicit tweet a court deemed defamatory.
The Twitter post in March 2023 exposed its target, independent NSW MP Alex Greenwich, to a stream of abuse following a heated online argument between the pair.
Mr Greenwich, who is gay and a vocal advocate for the LGBTQI community, said Mr Latham’s comments exposed him to “hatred, contempt and ridicule”.
He sued the former NSW One Nation leader in the Federal Court over the tweet, which was sent days after the state election and described a sex act in explicit terms.
It came in response to a post quoting Mr Greenwich describing him as a “disgusting human being”.
Justice David O’Callaghan ordered Mr Latham pay Mr Greenwich $100,000 in damages for non-economic loss and a further $40,000 in aggravated damages.
Mr Greenwich was exposed to a torrent of offensive and hateful messages as a result of Mr Latham’s tweet, but Justice O’Callaghan noted much of the material might be “the product of people with deranged minds”.
“There is no doubt that as a result of the publication of the primary tweet, for which Mr Latham offered no genuine apology, Mr Greenwich suffered a loss of standing,” he said in his judgment.
“He was exposed to ridicule and that he experienced a significant subjective hurt to feelings, aggravated by the foreseeable ‘maelstrom’.”
In a statement after the decision, Mr Greenwich said he took the case to stand up for himself, his family and the LGBTQI community.
“These Trump-style personalised attacks on political opponents have no place in Australian public life,” he said.
“You can’t just say whatever you like online without consequence.”
While the court found the tweet defamatory, it did not accept the assertion it held the meaning that Mr Greenwich was unfit to be a member of NSW parliament because of his sexual behaviours.
Justice O’Callaghan also did not accept Mr Greenwich’s claim comments made about him by Mr Latham to the Daily Telegraph in April 2023 were defamatory.
Mr Latham told the journalist: “When he calls someone a disgusting human being for attending a meeting in a church hall, maybe attention will turn to some of his habits”.
“Greenwich goes into schools talking to kids about being gay,” he said.
Justice O’Callaghan ruled those comments did not hold the meaning argued by Mr Greenwich’s lawyers, that he was “a disgusting human being who goes into school to groom children to become homosexual”.
During a two-day trial in June, Mr Latham claimed the defamatory post was his honest opinion and a response to provocation from Mr Greenwich.
He has admitted the tweet was crass, offensive and vulgar but denied it defamed the independent MP or ruined his reputation.
The graphic post was widely criticised across the political spectrum, including by One Nation federal leader Pauline Hanson.
Before the tweet was taken down following requests by Mr Greenwich, several responses to it were “liked” by Mr Latham.
Those comments included a post that read, “About time someone didn’t hold back on what everyone really thinks about these grubs.”
Premier Chris Minns said he already thought the tweet was a “horrific statement” from Mr Latham and “that’s been proved today in court”.
The online sparring match between the two politicians followed violent protests outside a church in Sydney’s southwest, where Mr Latham was giving a pre-election speech in March 2023.
About 250 mostly male counter-protesters violently attacked police and 15 LGBTQI protesters who had set themselves up outside the Belfield church.
The matter will return to court on September 25 for final orders.
Mr Latham has been contacted for comment.
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