Federal Court Finds Pauline Hanson Guilty of Racial Discrimination in "Personal Attack" on Mehreen Faruqi
The Federal Court recently ruled that Pauline Hanson, leader of Australia’s One Nation party, racially discriminated against Senator Mehreen Faruqi of the Greens in a tweet sent in September 2022. Hanson's post, which read, "piss off back to Pakistan," was directed at Faruqi in response to the senator’s comments on Queen Elizabeth II's passing. Faruqi, a Pakistani-born Australian and practicing Muslim, had expressed her inability to mourn the Queen, attributing this sentiment to her view that the British Empire carried a legacy of racism. Hanson's response, however, was found by the court to be more than just a reaction; the judge described it as an “angry personal attack” laced with anti-Muslim undertones, ultimately breaching the Racial Discrimination Act.
Hanson’s legal team argued that her tweet wasn’t intended to be religiously or racially motivated, citing Hanson's claim that she did not know Faruqi’s faith. They attempted to frame the post as a form of public comment, claiming it fell under fair commentary given its context around national public interest. However, Justice Angus Stewart rejected these defenses, ruling that the post was effectively discriminatory and did not address any specific issue raised by Faruqi. The judge highlighted Hanson’s pattern of publicly targeting racial and religious minorities, pointing out her frequent statements against migrants, Muslims, and individuals of color. He concluded that her influential social media presence has led others to amplify similar messages of intolerance.
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The court has ordered Hanson to delete the tweet and cover Faruqi's legal expenses. Following the ruling, Faruqi called the judgment “landmark” and “groundbreaking,” remarking that it sets a vital precedent for recognizing statements that challenge others’ right to belong as a form of racism. She noted that phrases like “go back to where you came from” resonate deeply as expressions of intolerance and racism. The judgment, she said, conveys that hate speech cannot be justified as free speech without consequences. Faruqi expressed hope that this decision would be a warning to public figures who perpetuate divisive rhetoric.
Hanson, however, expressed disappointment with the verdict and announced her intention to appeal. She argued that the court's decision stretches Section 18C of the Racial Discrimination Act too broadly, limiting what she views as freedom of political expression. Her response indicates she sees the tweet as part of her broader right to express political beliefs, rather than as an attack on Faruqi’s heritage or faith.
The case highlights ongoing debates in Australia around freedom of speech, political commentary, and racial tolerance. Professor Yin Paradies, an expert in race relations from Deakin University, testified that comments like Hanson’s signal to minorities that they do not belong in Australian society. He emphasized that exclusionary statements not only affect the individual targeted but also resonate negatively with broader communities sharing similar racial or religious backgrounds. He described these kinds of comments as deeply harmful and said they impact the broader social fabric by making certain groups feel marginalized.
As Hanson prepares to appeal, many will be watching closely to see if the initial judgment holds, setting a more defined line on what constitutes racial discrimination in Australia’s political sphere. This case could indeed have lasting impacts on the discourse surrounding race and identity in the country and how Australian society perceives and addresses harmful public speech.
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