The NSW Civil and Administrative Tribunal (NCAT) has ordered outspoken politician Mark Latham to pay $100,000 in compensation to independent MP Alex Greenwich. The ruling, delivered Thursday, also mandates Latham to remove within 24 hours any social media posts vilifying Greenwich due to his sexuality. This decision follows findings that Latham engaged in unlawful homosexual vilification. Greenwich stated the judgment sends a clear message that public figures are not immune from the law and that online spaces are not immune from vilification. Latham has indicated he will appeal the tribunal's judgment.
The tribunal's order signifies a significant legal outcome for public figures engaged in online discourse, establishing a financial penalty and directive for removal of vilifying content based on sexuality.
Latham has been directed to cease and refrain from continuing or repeating any unlawful homosexual vilification of Greenwich. Greenwich, an advocate for the LGBT community, welcomed the decision, asserting that social media can be a conduit for unlawful vilification. He also noted the ruling upheld his claims that Latham's comments had a detrimental effect on his mental health, leading to extreme psychological damage. Latham’s legal team previously argued that Latham did not control who posted content and that tweets could be fabricated. The tribunal did not mandate an apology from Latham, deeming it unlikely to be genuine.
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Background to the Case
The dispute stems from a tweet posted by Latham, which the Federal Court previously found to be defamatory. This tweet, described as "crass, offensive and vulgar" and too offensive to repeat, was issued in response to a post by Greenwich calling Latham a "disgusting human being." During a trial in June, it was heard that Greenwich faced a torrent of homophobic abuse online following Latham's post, impacting his standing among those sympathetic to him. Latham had accused Greenwich of pursuing the matter to silence him and being unable to handle criticism. The court file related to the case, identified as NSD475/2023: Alexander Greenwich v Mark William Latham, details a complex legal process with multiple judgments and extensive exhibit lists dating back to late 2023. Earlier court proceedings in September 2024 and February 2025 saw various judgments and submissions filed.
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Broader Context
In separate but concurrent reporting, the interim report of the Bondi royal commission has been released. Prime Minister Anthony Albanese stated that the government supports "all of the recommendations" made in the report, though multiple recommendations will remain confidential due to national security concerns. The report has not yet concluded whether intelligence failures or police resourcing were factors before the Bondi attack. The situation in Alice Springs also continues, with a search for a missing girl entering its fifth day.
