Defence Minister Peter Dutton wins defamation case against refugee activist over ‘rape apologist’ tweet

The Defence Minister has secured a major legal victory over a refugee advocate who accused him of being a ‘rape apologist’.

Defence Minister Peter Dutton has been awarded $35,000 in damages over a tweet by a refugee advocate which accused him of being a rape apologist.

Mr Dutton sued activist Shane Bazzi for defamation over the since-deleted tweet, which was posted on February 25 and stated: “Peter Dutton is a rape apologist.”

“I have found that the tweet did convey the imputation that Mr Dutton excuses rape,” Justice Richard White told the Federal Court on Wednesday.

“This was defamatory of Mr Dutton.

“Mr Bazzi has not established the statutory defence of honest opinion or the common law defence of fair comment on a matter of public interest.”

Mr Dutton’s claim for injunctions to permanently ban Mr Bazzi from tweeting anything similar were refused.

He was also not entitled to aggravated damages because “there was no suggestion the tweet had affected Mr Dutton in his day-to-day political or ministerial activities or in his relationships with other people,” Justice White said.

Defence Minister Peter Dutton has won his defamation case. Picture: NCA NewsWire / Gary Ramage

Justice White said despite Mr Dutton being accustomed to bearing “the slings and arrows” of being in a political role, he found Mr Bazzi’s statement offensive and hurtful.

Mr Dutton earlier told the court he was no stranger to online criticism, but a tweet labelling him a rape apologist “went to a different level”.

The member for Dickson maintained the tweet falsely painted him as someone who condoned and excused rape.

But Mr Bazzi had argued he didn’t suggest that at all.

Mr Bazzi’s barrister Richard Potter SC had argued in court that: “Words must be interpreted as to their meaning within the context they were made.”

That context included a 2019 Guardian Australia article about Mr Dutton’s comments on refugee and asylum seeker women detained on Nauru, which Mr Bazzi linked to in his tweet, the court heard.

Shane Bazzi tweeted to express his disappointment. Picture: Twitter

Mr Potter also told the court Mr Dutton had given a press conference that morning related to Brittany Higgins’ allegation that she was raped in Parliament House in 2019.

During that press conference, Mr Dutton said he was not provided with the “he said, she said” details of the Higgins investigation.

Mr Potter suggested the ordinary reader of Mr Bazzi’s tweet might have thought Mr Dutton’s statements about women on Nauru “reflected a certain cold detachment or lack of empathy”.

But they would not have concluded he condones rape, Mr Potter said.

Mr Dutton’s barrister Nick Ferrett QC said the meaning of Mr Bazzi’s tweet was clear and his words deliberately chosen.

Mr Bazzi tweeted on Wednesday to say he was “very disappointed with the outcome”.

“We will be taking time to consider our options. Thank you for all of your support and solidarity. I ask that you could please respect my privacy at this time,” he said.

The case will return to court in early December to discuss costs.