Mark Latham, the former federal Labor leader and One Nation MP, has been ordered to pay the maximum $100,000 penalty to Sydney MP Alex Greenwich after a tribunal found that a social media post he made amounted to unlawful vilification on the basis of sexuality.
The decision by the NSW Civil and Administrative Tribunal follows an earlier Federal Court ruling that found the same post was defamatory. Latham had already been ordered to pay $140,000 in legal costs to Greenwich.
The tribunal described Latham’s original comment as so extreme that most media organisations refused to republish it, finding that it clearly crossed the line of acceptable public discourse.
The case began after a heated public exchange between the two politicians in 2023, following violent protests outside a Sydney church where Latham was due to give a speech.
After Latham published the offensive post, Greenwich’s office received a wave of abuse, including threats and hateful messages. Evidence given to the tribunal showed the impact on Greenwich had been significant, with a psychologist confirming he met the criteria for post-traumatic stress disorder.
“Mr Latham’s comments sought to reduce my identity to a sex act and then imply I am a danger to children,” Greenwich said in evidence before the tribunal.
“Mr Latham’s comments have impacted my ability to attend large gatherings out of fear that people will ask me questions about Mr Latham or engage in violence against me,” he continued, according to the Daily Mail.
The tribunal rejected Latham’s claim that he was not responsible for the backlash, finding that his comments had directly contributed to the surge in hostility directed at Greenwich.
Greenwich welcomed the ruling as a landmark moment for LGBTQ+ protections, saying it showed public figures cannot use online platforms to spread harmful rhetoric without consequences.
Latham has criticised the decision and indicated he intends to appeal.
The tribunal also ordered him to remove any further vilifying content and refrain from making similar statements in the future.
