Independent Sydney MP Alex Greenwich has succeeded in his landmark case for homosexual vilification and workplace sexual harassment against fellow MP Mark Latham.
The NSW Civil and Administrative Tribunal determined that a series of tweets and public comments made by Latham amounted to unlawful homosexual vilification and sexual harassment.
“This has taken three years and come at a personal toll, but this judgement makes NSW and my workplace a safer place for LGBTQ+ people,” Greenwich wrote on social media.
The case dates back to a number of graphic tweets posted by Latham about Greenwich in 2023.
The Federal Court had previously ruled the tweets were defamatory, a decision Latham is currently appealing.
In its ruling, the NCAT tribunal found the tweets were capable of inciting hatred toward Greenwich among Latham’s followers, demonstrated serious contempt for the MP, and reduced him to a “presumed unhygienic sexual act”. The tribunal also found the posts objectified Greenwich in a way that allowed others to “demean and ridicule him on the same basis”.
It further concluded that comments Latham made to The Daily Telegraph suggested Greenwich was “perhaps grooming children in schools” and may have conflated homosexuality with paedophilia.
“They were words landed as verbal ‘blows’ against a political opponent, insults of a crude and gross type, likely to goad or encourage base emotions, including hatred, serious contempt for and/or severe ridicule of the applicant on the ground of his homosexuality,” the tribunal’s decision said.
Latham has been ordered to pay $100,000 in compensation to Greenwich, in addition to covering his legal costs.
Greenwich welcomed the decision, saying the judgement made clear that social media was a vehicle for unlawful vilification.
“This decision sends a clear message: public figures are not above the law, and online platforms are not a space for unlawful vilification,” he said.
He also acknowledged the tribunal for accepting evidence of the serious harm inflicted on him as a result of the publications.
“It found that Mr Latham’s conduct caused significant psychological stress and anxiety, feelings of alienation from friends and colleagues, and a detrimental impact on my marriage.”
Greenwich said he pursued the matter not only for himself but for people across the community who had similar experiences.
“I pursued this matter not only for myself, but for the many people across the LGBTQIA+ community who experience similar abuse and are told to accept it as part of public life or online debate,” he said.
“The Tribunal has made clear that the law does not require anyone to endure unlawful vilification or sexual harassment.”
The MP thanked his legal team at Dowson Turco Lawyers and his wider support network.
“I’m so grateful to my legal team, Nick Stewart, Prue Bindon, and the whole team at Dowson Turco Lawyers for their tireless work,” he said.
“Thank you to my team, family, husband, friends, and colleagues for all your amazing support.”
