An offensive social media post by former NSW One Nation leader Mark Latham has led to legal action as Sydney MP Alex Greenwich sues Latham for defamation. The comment, posted on X (formerly known as Twitter) on March 30, triggered a wave of โdespicable homophobic and other abuseโ against Greenwich. The Sydney independent MP, who is gay, describes the tweet as โdefamatory and homophobicโ.
The case was not resolved in mediation and is expected to go to trial next year. Greenwich alleges that the X post defamed him by suggesting that he is unfit for public office because he engages in โdisgusting sexual activities.โ Furthermore, he claims that Latham's comments to the Daily Telegraph on April 1 also defamed him, characterizing him as โa disgusting human being who goes into schools to groom children to become homosexual.โ
Latham's lawyers argue that Greenwich has not met the threshold of serious harm necessary to bring a defamation suit. However, Greenwich's legal team maintains that the abusive material unleashed by Latham's post, โa torrent of truly despicable homophobic and other abuse,โ clearly satisfies the serious harm requirement.
Latham intends to rely on a new public interest defense for his comments in The Daily Telegraph, but not for publication in X. He will argue that his publication falls within the defense of honest opinion and a specific type of qualified privilege in response to an attack . .
This case highlights the legal implications of offensive social media posts and the potential damage they can cause to an individual's reputation. It raises questions about the limits of freedom of expression and the responsibility of people when expressing their opinions online.
Frequently asked questions
What is defamation?
Defamation refers to the act of making false statements about someone that damage their reputation.
What is the threshold for serious damage?
In defamation cases, the serious harm threshold requires the plaintiff to prove that the statement has caused or is likely to cause serious harm to his or her reputation.
What is the defense of public interest?
Public interest advocacy allows people to make statements that might otherwise be considered defamatory if they are in the public interest and the statement is based on fact.
What is the defense of honest opinion?
The honest opinion defense protects people who express their honest opinions, as long as those opinions are based on true facts and are not presented as statements of fact.
