Latham-Greenwich Defamation Appeal

SYDNEY : Maverick MP Mark Latham is attempting to overturn a $140,000 defamation judgment, with his legal team arguing in the Federal Court today that his sexually explicit tweet targeting independent NSW MP Alex Greenwich was simply part of the expected “cut and thrust” of political debate.

Latham is challenging the finding that his post—sent days after the 2023 NSW state election and describing the gay politician engaging in explicit sex acts—defamed the LGBTQI advocate by suggesting he engaged in disgusting sexual activities.

Latham’s barrister, Gabriella Rubagotti, argued that while the tweet’s content may lack “good taste,” the court’s focus must remain solely on defamation law. She framed the tweet as a personal response to Greenwich’s earlier attack, which described Latham as a “disgusting human being.”

The original Federal Court ruling found Latham’s tweet was “obviously not proportionate or commensurate” with Greenwich’s rebuke. However, Rubagotti countered that Greenwich’s use of inflammatory language, including calling his parliamentary colleague “hateful,” justified Latham’s severe response in the charged political climate.

“Political debate in Australia is not simply the whispered civilities of intellectual discourse,” Rubagotti told the three-day appeal hearing.

She also noted Latham’s perspective at the time was one of challenging hypocrisy, claiming, “How could you be such a hypocrite in launching this attack on me when there are questions about your own character?”

Mr. Greenwich has rejected the defense that the tweet was merely a response. In court documents, he argued the post was unwarranted because it targeted his presumed private sexual activities, which were outside the scope of public political debate.

The openly gay MP, who won the initial judgment on the grounds that the tweet implied he engaged in “disgusting sexual activities,” has also filed a cross-appeal seeking to increase the awarded $140,000 in damages. The hearing continues.