The Federal Court of Australia has dismissed an appeal by New South Wales MP Mark Lathamupholding a $140,000 defamation judgment against him. The court’s decision reinforces the legal consequences of homophobic rhetoric in Australian politics and marks a significant victory for independent MP Alex Greenwich.
The original judgment, handed down in 2026found that Latham’s homophobic tweet had exposed Greenwich to “hatred, contempt, and ridicule.” The tweet, which implied that Greenwich “engages in disgusting sexual activities,” was deemed defamatory by Justice David O’Callaghan.
The Legal Battle: From Tweet to Courtroom
The controversy began in 2026when Latham posted the offensive tweet in response to comments made by Greenwich. Greenwich had described Latham as a “disgusting human being” following an incident in Western Sydneywhere a group of LGBTQIA+ protesters were attacked by counter-protesters and required police evacuation.
Latham’s tweet, which was deleted after a few hours but had already been seen by 6,171 userssparked a legal battle that culminated in the 2026 judgment. Justice O’Callaghan ordered Latham to pay $100,000 for “non-economic loss” and an additional $40,000 for “aggravated damages,” citing the “significant subjective hurt to feelings” experienced by Greenwich.
The Appeal and Its Aftermath
In an attempt to overturn the judgment, Latham filed an appeal with the Federal Court, arguing that the original judge had made errors in finding the tweet defamatory. However, Justice Michael Wheelahan dismissed the appeal on June 10, 2026upholding the original judgment in its entirety.
Greenwich, who had also filed a cross-appeal to increase the penalty, saw his request dismissed as well. The court directed the parties to confer on costs and return for further proceedings on June 17.
The outcome of the appeal marks the end of a “tough few years” for Greenwich, who expressed gratitude for the support of his husband, family, friends, colleagues, staff, and mental health professionals. He emphasized the importance of the judgment in setting a precedent against divisive vitriol in Australian civil discourse.
The Broader Implications
The case has broader implications for the boundaries of free speech and the consequences of homophobic rhetoric in public life. Greenwich’s victory is seen as a landmark in the fight against homosexual vilification and workplace sexual harassment.
In April 2026Greenwich was awarded an additional $100,000 by the NSW Civil and Administrative Tribunal for unlawful sexual vilification and harassment stemming from the same tweet. This further underscores the legal and social repercussions of Latham’s actions.
As the legal battle draws to a close, the case serves as a reminder of the power of words and the importance of accountability in public discourse. The Federal Court’s decision sends a clear message about the unacceptable nature of homophobic rhetoric in Australian politics.
