Peter Dutton drops High Court bid after losing defamation lawsuit against activist

Liberal leader Peter Dutton has dropped his High Court bid to overturn his defamation loss against refugee activist Shane Bazzi.

Opposition leader Peter Dutton has dropped his High Court challenge sealing his defamation lawsuit loss against a refugee activist.

Mr Dutton sued activist Shane Bazzi after Mr Bazzi, on Twitter, wrote “Peter Dutton is a rape apologist”.

The tweet, now deleted, included a link to a Guardian Australia news article that contained comments made by Mr Dutton about female refugees claiming they had been raped.

The Federal Court initially found Mr Bazzi had defamed Mr Dutton and ordered him to pay $35,000 but that was overturned on appeal to the full bench of the court in May 2022 which found that the tweet did not carry the imputation that Dutton excused rape.

The court found that an ordinary reader, looking at both the Guardian article and the tweet, would conclude Mr Bazzi suggested the politician was sceptical of rape claims – but he was not excusing rape itself.

Leader of the Opposition Peter Dutton has dropped his High Court challenge, sealing his defamation lawsuit loss to refugee activist Shane Bazzi. Picture: NCA NewsWire / Gary Ramage

In June Mr Dutton’s lawyers announced they’d applied to the most powerful court in Australia, the High Court, challenging his loss.

Meanwhile the parties continued to duel in the Federal Court about whether Mr Dutton should pay Mr Bazzi’s legal costs – which were crowdfunded.

But, on Friday, Mr Dutton discontinued his High Court challenge.

Mr Bazzi’s lawyers, O’Brien Solicitors, on Monday said the parties had agreed to halt the Federal Court dispute over costs without further argument.

In the statement Mr Bazzi said he was “very relieved” the case was over.

“Fighting a defamation claim brought by one of the most powerful men in the country has been a harrowing ordeal for me and my family. It has caused me immense distress,” he said.

Peter Dutton sued Mr Bazzi for defamation over a since-deleted tweet describing Mr Dutton as “a rape apologist”. Picture: Twitter

“Citizens should have the freedom to reasonably criticise politicians without fear of being sued.”

He thanked his supporters and those who contributed to his legal fund.

A spokesman for Mr Dutton said the opposition leader would not have to pay Mr Bazzi – or his lawyers – any money.

The spokesman said Mr Dutton believed the case showed it was still unacceptable to call someone a rape apologist.

“The same rules should apply online as they do in the real world.”