$100,000 Payout Ordered in Landmark Vilification Case
The New South Wales Civil and Administrative Tribunal (NCAT) has ordered former federal Labor leader and One Nation MP Mark Latham to pay $100,000 to independent MP Alex Greenwich. The tribunal found Latham engaged in unlawful homosexual vilification and sexual harassment.
Latham has also been ordered to delete social media posts that violate the orders and to refrain from repeating such conduct.
"Public figures are not above the law, and online platforms are not a space for unlawful vilification." – Alex Greenwich
Tribunal Findings
The case centered on two tweets by Latham, a statement to a newspaper, and comments made during an online radio interview in March 2023.
The Initial Tweet
The tribunal found that Latham's initial tweet used crude language to describe a presumed sexual act of Greenwich. The post was capable of inciting hatred, serious contempt, or severe ridicule of Greenwich based on his homosexuality.
This tweet was a response to a post quoting Greenwich describing Latham as a "disgusting human being." The online exchange followed violent protests outside a church in Sydney's southwest where Latham was giving a pre-election speech.
Impact on Greenwich
The tribunal accepted that the tweet "unleashed a barrage of hateful mail and comments," causing Greenwich psychological injury. It also found that the post led to a campaign of terror and harassment, including a police arrest.
Subsequent Comments
The tribunal also found Latham's comments to a newspaper—implying that Greenwich was "going into schools to groom children" and raising "fears of paedophilic behaviour"—constituted homosexual vilification.
Additionally, Latham's interview comments describing Greenwich's sexual practices as "pukeworthy" and a sarcastic apology tweet were also found to be homosexual vilification.
Workplace Context
Latham's tweets and media comments were further found to constitute unlawful sexual harassment, as the tribunal determined that social media and media interviews are part of a politician's workplace.
The tribunal rejected Latham's claims that his comments were made reasonably and in good faith for academic, artistic, religious, scientific, or discussion purposes.
Penalty and Orders
Latham was ordered to pay the maximum available penalty of $100,000 for unlawful sexual harassment. The tribunal did not order an apology, stating it would likely not be genuine.
Latham must also:
- Remove any material vilifying Greenwich based on his homosexuality
- Refrain from further unlawful vilifying statements
- Pay Greenwich's legal costs
Background
The Federal Court previously ruled the tweet to be defamatory.
Statements
Alex Greenwich welcomed the decision. He stated: "This decision sends a clear message: public figures are not above the law, and online platforms are not a space for unlawful vilification." He said he pursued the matter for himself and for many in the LGBTQIA+ community.
Latham has indicated he intends to appeal the decision.