Some cases are pretty clear cut with comments made via advertisements or on community radio but others involve the intersection of social media, and how comments made there can lead to defamation proceedings.

Deakin University senior political lecturer Geoff Robinson said defamation proceedings could sometimes be used as a tactic.

“It costs a lot of money to start a defamation case. I once investigated it myself and you’ve really got to fork out tens of thousands of dollars to get to the first stage,” Dr Robinson said.

“The development of social media and increased opportunities for self-publication, or being responsible for the publication of other comments if you are running a Facebook group, potentially put people in a more perilous position.”

The Addy knows of four cases where our elected representatives have moved to take legal action against an alleged dissenter.

SARAH HENDERSON V JAN FARRELL

Simmering tensions between the long-time foes boiled over in May last year when Ms Henderson filed a writ in the Supreme Court alleging former Geelong councillor Jan Farrell was responsible for a pair of defamatory comments tweeted by @Geelong_Elite account.

The May 22, 2019 tweets labelled Ms Henderson, now a Liberal senator, a “sycophant” and “sleazy”.

The account also falsely said Ms Henderson was “out of office and now into jail”, while celebrating Labor MP Libby Coker’s 2019 election win of the federal seat of Corangamite over Ms Henderson.

Ms Henderson’s lawyers alleged: “The tweets are defamatory of the plaintiff and the plaintiff has been held up to hatred, ridicule and contempt and has suffered, and continues to suffer, loss and damage.”

Ms Farrell was named as a “Labor councillor” in the Victorian parliament in 2015.

By July last year the case appeared to have stalled.

At the time the prospect of the case going to trial remained active, a legal source said.

This week a court date for the case in the Supreme Court was yet to be set, and documents needed to get the case going were yet to be filed.

A legal source said the discussions between the parties could be ongoing outside court.

Ms Henderson and Ms Farrell would not comment when contacted this week.

DARRYN LYONS V PULSE RADIO

Former City of Greater Geelong mayor Darryn Lyons took on community radio station The Pulse and presenter Greg McHenry in 2018 after he claimed Mr Lyons’ hospitality venues were “drug dens.”

After emailing an apology to the former paparazzi photographer, Mr McHenry said he was shocked when Mr Lyons lodged a writ in the Supreme Court seeking “aggravated damages”.

In a joint statement in September 2018 the two parties announced the matter has been resolved.

“It is regrettable that this matter was not resolved earlier, but after further discussion over the last few weeks the matter has now been resolved on mutually acceptable terms,” the statement said.

“Mr Lyons has said that he is very pleased to have been able to find common ground with Diversitat so that each could now move forward in a positive direction.”

Despite fears the legal action could close The Pulse it continued to operate after the case had finalised.

DARRYN LYONS V BRIAN FOWLER

The advertisement, published in Geelong Advertiser, was authorised by Mr Fowler, who led the city from 1989 to 1991, and funded by prominent business men Frank Costa, Robert Costa and Glynn Harvey.

Both Mr Lyons and Mr Fowler were left to pay their own legal costs, believed to be in the tens of thousands of dollars.

The advertisement argued Mr Jarvis was the “only candidate equipped to deal with the big issues facing Geelong” while Cr Lyons “by his own admission, has no relevant business, council or political leadership experience”.

By the time the case had settled in 2015, Mr Lyons and lawyers for Mr Fowler said while they couldn’t comment on the confidential settlement they were “very happy with the outcome”.

BRUCE HARWOOD V BOB THOMPSON

Then deputy mayor Bruce Harwood threatened legal action in 2015 against 85-year-old pensioner and war veteran accusing him of defamation and a “tir­ade of abuse”.

War veteran Bob Thompson received a letter from the long-time councillor in late 2015 in which Mr Harwood sought a written retraction and apology from the Ocean Grove octogenarian as well as a payment of “damages”.

Cr Harwood said Mr Thompson’s claims that he was a “bully” and a “liar” had damaged his reputation, portraying him as a “criminal” and “dishonest”.

“Mr Thompson has made many comments about me over the past seven or eight years,” Cr Harwood said in December 2015.

“His comments are continuously libellous and defamatory. I have tried to consult and meet with Mr Thompson to discuss this behaviour but he has rejected these offers.”

This week Mr Thompson, now aged in his 90s, told the Advertiser there was no further action taken after he received the letter in 2015.

RON NELSON V JACK WILLIAMS

The most recent incident of an elected Geelong official taking on an opponent. 

Ron Nelson, a serving Geelong councillor, has claimed he was a victim of defamation from 2020 council election candidate Jack Williams.

Mr Nelson, a long-time councillor, prevailed over Jack Williams in the Kardinia Ward election, but now his lawyer wants Mr Williams held liable for alleged “seriously defamatory” comments others made on a Facebook post published on October 3.

Mr Nelson called for an apology from Mr Williams and for his legal expenses to be paid in a letter received by Mr Williams this week.

The letter states Mr Nelson went to Mr Williams’ Armstrong Creek home on October 3 after his election signage was vandalised, and removed from private property on the corner of Surf Coast Highway and Reserve Rd, Grovedale on October 3.

Mr Nelson’s lawyer said Mr Williams’ Facebook post, and his comments to the media, about the exchange at Mr Williams’ home conveyed an imputation Mr Nelson was “maniacal, aggressive, petulant and unreasonable” and not fit to be a Geelong councillor.

Mr Nelson said the exchange was “civil” but Mr Williams wrote on Facebook, in the hours after the incident, that Mr Nelson allegedly threatened legal action and hurled his election signage at him.

At this point it is not clear how the matter will proceed as both Mr Nelson and Mr Williams have not responded to approaches for comment. 

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