Former construction union boss John Setka has accused police of trying to gag him on social media as they lost a bid to have his bail conditions tightened.
Prosecutors made the application to vary the 62-year-old's bail in Melbourne Magistrates Court on Tuesday.
They wanted to restrict his ability to post threatening, abusive or menacing posts about any person online.
His current bail condition is limited to threatening posts about the administrators of the Construction, Forestry and Maritime Employees Union.
Prosecutor Alex Turner pointed to two Instagram posts Setka made in August and October, after he was bailed for allegedly using a carriage service to menace, harass and offend.
One of the posts related to CFMEU assistant administrator Matthew McGowan and his wife Liz Lukin.
In the post, Setka called Mr McGowan a moron, accused Ms Lukin of being on an "eye watering" salary, and said there was a conflict of interest because she was allegedly working with the union.
Setka also said Taskforce Hawk, the Victoria Police unit set up to address construction industry corruption, should be renamed to the '"hurt your feelings squad".
In a second post in October, Setka singled out a Footscray police officer and accused him of believing lies instead of trying to keep people safe.
Setka's barrister Lee Ristivojevic argued the posts were not threatening and police were trying to "gag" her client when he was merely expressing his opinion.
Mr Turner said Setka could use social media but the bail variation was needed to protect the public.
Magistrate Siobhan Whittle disagreed, refusing the prosecution's application.
If police wanted protections extended to the Footscray officer, they needed to make a different application, Ms Whittle said.
But she did note Setka "should be cautioned" about his use of social media.
While in a lift with journalists after the hearing ended, Setka told his lawyers he would make more posts online.
His case will return to court in December, when CFMEU administrators are expected to hand over documents to Setka's lawyers.
Setka was initially charged in November 2025 with seven counts of using a telecommunications device to menace, harass and offend for allegedly sending a CFMEU administrator offensive and abusive emails after receiving a production notice and a follow-up letter.
He was charged with further offences in August after allegedly making an online post containing images and memes of administration members.
