Mark Latham, the former federal Labor leader, has been found liable for vilifying fellow State MP Alex Greenwich over his sexuality and has been ordered to pay the maximum penalty permissible. The ruling follows a highly explicit tweet Latham posted in 2023, which was previously deemed defamatory by the Federal Court.
The controversy intensified after Greenwich labelled Latham a “disgusting human being” in a post, prompting Latham to respond with a provocative tweet. Their exchange occurred amidst violent protests at a church in Sydney’s southwest while Latham was delivering a pre-election address in March 2023.
The NSW Civil and Administrative Tribunal imposed the harshest penalty due to the significant psychological distress Greenwich endured as a result of Latham’s actions. The tribunal found that Latham’s comments had a profound impact on Greenwich, leading to severe emotional repercussions.
In rendering its decision, the tribunal opted against requiring Latham to issue an apology, reasoning that it would likely hold no sincerity. Additionally, Latham was directed to remove any social media posts that disparage Greenwich in relation to his homosexuality and to refrain from making further illegal vilifying remarks.
Greenwich expressed gratitude for the tribunal’s ruling, describing it as a pivotal moment for LGBTQIA+ rights in New South Wales. He stated that the verdict sends a strong message that public figures are accountable under the law and that online platforms must not facilitate unlawful discrimination. The tribunal’s decision underscores that no individual should have to tolerate harassment or vilification based on their sexual orientation.
Overall, this case highlights the ongoing importance of protecting individuals from hate speech and discrimination, particularly in the political sphere, and reinforces the legal boundaries against such behaviour in Australia.