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Mark Latham settles defamation case with Osman Faruqi
A settlement has been reached in the case of Osman Faruqi versus Mark Latham, with Mr Latham removing offensive statements made about Mr Faruqi and agreeing to pay him damages plus legal costs, according to Mr Faruqi’s counsel.
Jerome Doraisamy
In a statement, Maurice Blackburn Lawyers said the total sum of damages plus costs could exceed $100,000, with “significant” legal costs expected “given the extraordinarily lengthy and unusual first defence filed by Mr Latham in the case”.
In light of the settlement, the defamation proceedings brought by Mr Faruqi will be dismissed.
The proceedings were initiated after Mr Latham made offensive comments about Mr Faruqi on 2 August 2017, in a video posted to the Mark Latham’s Outsiders Webpage, YouTube, the Rebel Media webpage, and a post on Facebook.
Firm principal Josh Bornstein, who acted for Mr Faruqi, welcomed the resolution of the matter.
“This was an important case and vindication of our defamation laws,” he said.
“Speech that causes harm has been regulated in different ways for centuries. Defamatory speech is one of many areas in which the law intervenes and regulates. We are pleased that Mr Latham has now removed these comments as they were harmful and untrue.”
Mr Faruqi has always supported free speech and robust debate, Mr Bornstein continued, but as the firm reiterated throughout this case, he said, Mr Latham’s comments about him in this instance “crossed a clear and unacceptable line”.
“The comments were highly damaging to Mr Faruqi and following their publication, other individuals engaged in threatening behaviour and racial and religious bigotry towards him,” he posited.
“Mr Latham had suggested that Mr Faruqi had made numerous attempts to vilify white people, a suggestion ridiculed earlier this year by the Federal Court when it struck out Mr Latham’s first Defence.”
Mr Faruqi also welcomed the resolution of the matter, including the removal of the offending comments from Mr Latham.
“This case has always been about reaffirming the principle that all Australians should be able to participate in public debate without being denigrated and accused of supporting heinous crimes like terrorism because of their background,” he said.
“It’s unfortunate that the case had to proceed this far. It’s taken over a year, but this is exactly the result my team and I were hoping for when we initiated this action – the comments to be removed and a payment of damages and costs.”
“I hope that this settlement sends a message to other members of the community that while robust debate is part of a healthy democracy, using your platform to harm the reputation of individuals comes at a cost.
Mr Faruqi noted that he strongly believes the national community would be better off if Australians from all backgrounds were able to participate in public life while feeling confident that they won’t be publicly denigrated.
“Hopefully this result helps and encourages Australians with diverse backgrounds to speak up and participate in democratic debate,” he concluded.
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly and HR Leader. He has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. In June 2024, he also assumed the editorship of HR Leader. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.
You can email Jerome at:
