Senator Pauline Hanson has lost a hate speech case brought against her by Greens Senator Mehreen Faruqi.
In 2022, Faruqi criticised the monarchy in a social media post following Queen Elizabeth II’s death. Hanson replied with what the Federal Court has now found was an “angry personal attack” that carried racist meaning.
The court has orderedto pay Faruqi’s legal costs and take down her post.
Background
In a post to X in September 2022, Faruqi wrote:
“Condolences to those who mourn the Queen. I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples.”
She called for a “Treaty with First Nations, justice & reparations for British colonies”.
In response, Hanson told Faruqi to “piss off back to Pakistan.”
Faruqi initially lodged a complaint through the Australian Human Rights Commission.
However, when Hanson refused to participate, Faruqi pursued legal action in the Federal Court instead. Faruqi accused Hanson of breaching the Racial Discrimination Act.
Under section 18C, it’s unlawful to take any public action likely to “offend, insult, humiliate, or intimidate” someone on the basis of “race, colour, or national or ethnic origin”.
If a person is found guilty, a court can order them to financially compensate the victim.
Legal case
Hanson argued she was making “fair comment” on a matter of public interest — the monarchy, a First Nations Treaty, and the possibility of Australia becoming a Republic.
She also argued her post was protected by an implied (not expressly stated) Constitutional right to political communication.
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Hanson’s lawyers also argued she didn’t know Faruqi was Muslim when she made the post.
Decision
Justice Angus Stewart rejected all of Hanson’s arguments, concluding her post was “racist, anti-immigrant and anti-Muslim.”
He noted Hanson’s “tendency to make racist… and Islamophobic” comments both in the past and while giving evidence in the case. Stewart found her post “targets immigrants as being second-class Australians“.
He found Hanson’s position as a Senator was relevant because it had encouraged others online with “less power and status to publish the same sort of messages, or worse”.
Mehreen Faruqi
Faruqi described the outcome as a “historic and groundbreaking” ruling.
“Today’s judgement is a win for every person who has been told to go back to where they came from,” she said outside court.
“Migrants and people of colour should know that they don’t have to be grateful and keep quiet.”
“It is about time Senator Pauline Hanson faced consequences for the racism she’s been piling on Muslims, people of colour and First Nations people for more than 30 years.”
Next steps
The court has ordered Hanson to pay Faruqi’s legal fees and remove the original post. Her comments wereat the time of posting.
Faruqi had initially requested Hanson pay a sum of money to charity. Justice Stewart did not include that in his order, however.
Hanson confirmed she plans to appeal the decision, which she called “deeply disappointing”.
She claims section 18C of the Racial Discrimination Act “impinges upon freedom of political expression.”
