In a landmark defamation ruling, former Queensland Labor MP Rob Pyne has been ordered to pay over $150,000 in damages for a series of Facebook posts that depicted a prominent lobbyist as the Star Wars character Jabba the Hutt. The case highlights the perils of political speech in the social media age and the steep cost of online defamation.
‘Jabba the Hutt’ Posts Ruled Defamatory
District Court Judge Dean Morzone found that Pyne, who served as the state MP for Cairns from 2015 to 2017, had defamed Greg Hallam, the former longtime CEO of the Local Government Association of Queensland (LGAQ), by implying he was “corrupt” in Facebook posts published in 2017.
The most damaging post, from June 2017, included a meme of Jabba the Hutt from Return of the Jedi. While Pyne didn’t name Hallam directly, the judge ruled that the “ordinary reasonable reader” would understand it referred to Hallam due to the physical resemblance between the lobbyist and the slug-like Star Wars villain.
“The plaintiff’s physical appearance, including his obesity, was publicly recognizable.”
– Judge Dean Morzone
Three witnesses testified they understood the Jabba the Hutt image to be depicting Hallam, who had been a public figure as LGAQ’s chief executive for 25 years. The judge awarded a total of $157,261 in damages against Pyne.
Privilege and Controversy
The defamatory posts came amid a bitter political battle, with Pyne using parliamentary privilege to table documents alleging local government corruption. In June 2017, he tabled papers labeled “Ipswich Inc” that a judge said “marked a high flashpoint” in the controversy.
Hallam responded by publicly criticizing Pyne’s use of privilege and his call for an inquiry into municipal malfeasance. Pyne then posted the offending Jabba the Hutt meme, quit the Labor party to serve as an independent, and was defeated in the 2017 state election.
Lobbyist Claims Mental Distress
In court, Hallam said the “online harassment” by Pyne and another defendant, Lyn O’Connor, had caused him to suffer “insomnia, agitation, irritability, and severe nightmares.” He was later diagnosed with a psychiatric condition that he attributed to the Facebook attacks.
“[Hallam] made claims of significant weight gain and increased alcohol consumption, although these are difficult to gauge against a background of his pre-existing obesity and drinking habits.”
– Judge Dean Morzone
While acknowledging Hallam’s mental distress, the judge noted that the lobbyist was already obese and a heavy drinker before the defamatory posts. O’Connor, who published 36 Facebook posts ruled defamatory between 2017 and 2019, was ordered to pay Hallam $346,131. Neither defendant apologized.
High Price of Online Defamation
The case serves as a costly reminder for politicians and citizens to be cautious about what they post on social media, even if meant as satire or political critique. While public figures have to meet a high bar in proving defamation, the damages for overstepping legal bounds can be steep.
The total award to Hallam of over $500,000 demonstrates how Facebook has become a dangerous defamation minefield, especially in the hothouse of local politics. With a click of a button, a meme shared in the heat of the political moment can lead to a years-long court case and a six-figure penalty.
“Rob Pyne has never apologized.”
– Judge Dean Morzone
Pyne, now serving as a Cairns city councillor, has remained defiant. The judge admonished him for never apologizing to Hallam even as the defamation case proceeded. His failed defense may only encourage more online smear campaigns among local political factions and operatives.
As social media becomes the central battleground of civic disputes, the guardrails of defamation law are being tested like never before. The Jabba the Hutt ruling shows that colourful memes and political screeds, even if posted with the purest of intentions, can carry a heavy legal and financial cost.
