Greenwich Pushes for Higher Damages as Latham Appeals $140K Defamation Ruling

SYDNEY : The financial and political fallout from a sexually explicit tweet by Mark Latham is being reviewed in a three-day appeal hearing at the Federal Court, with the former federal Labor leader fighting to overturn the $140,000 defamation penalty awarded to independent MP Alex Greenwich.

The original ruling found Latham defamed Mr. Greenwich, an openly gay politician, by suggesting he engaged in \”disgusting sexual activities\” in a post made shortly after the 2023 NSW state election.

Latham\’s barrister, Gabriella Rubagotti, claimed the vulgar post was a proportionate personal and political response to Greenwich calling Latham a \”disgusting human being\” and \”hateful.\” Rubagotti argued that being called disgusting went to the \”core of who he is as a person,\” justifying Latham\’s inflammatory reply.

However, the core issue remains the nature of the attack. Mr. Greenwich argues that the post was unwarranted because it \”went after\” his presumed private sexual activities, crossing a line far outside the boundaries of accepted political debate. He maintains that saying gay men have sex is not defamatory, but the language used in Latham’s post was designed to inflict maximum personal damage.

The Federal Court is tasked with determining whether the tweet, which the original judge found was \”obviously not proportionate or commensurate\” with the initial rebuke, is protected under the accepted rough-and-tumble of the political arena.

Mr. Greenwich has not only rejected Latham\’s attempt to reverse the penalty but has filed a cross-appeal seeking to increase the damages awarded to him. This move emphasizes the severe personal hurt and alleged reputational harm he has suffered from the post and the subsequent attention it garnered.

The hearing will decide whether the original penalty holds, is tossed out, or is increased, a decision that will likely set a new precedent for acceptable conduct and libel in Australian political discourse.