Australia’s high court has agreed to hear Pauline Hanson’s appeal against a ruling that she engaged in racial discrimination against Mehreen Faruqi when she told the Greens senator to “pack your bags and piss off back to Pakistan”.
The One Nation leader was granted special leave to appeal on Thursday after the full federal court earlier this year unanimously upheld a ۲۰۲۴ decision.
The high court will examine whether Hanson’s comments breached the Racial Discrimination Act (RDA) or if the federal court decision impeded her implied freedom of speech.
Hanson welcomed the decision on social media, saying “this case has always been bigger than me and bigger than one tweet”.
“Australians must be able to speak their minds, question their government and disagree with each other without being frightened into silence,” the ۷۲-year-old senator wrote.
“That freedom is under attack, including through Labor’s digital duty of care bill and its threat to lawful debate online.”
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Faruqi said in a statement on Thursday: “Bring it on.”
“This has been a long, hard road walked alongside everyone who has been targeted by racism. We won’t be backing down now,” the Greens senator wrote.
“The highest court in Australia can now determine once and for all that people in this country are protected against racism. People of colour, migrants and Muslims deserve to feel safe in the place they call home. In times like these where we are being attacked and demonised, our legal system must be able to provide protection against vilification.”
A spokesperson for the federal attorney general, Michelle Rowland, said section ۱۸C of the RDA was more important to Australia’s social cohesion “than ever”.
“As the matter is before the court, it would be inappropriate to comment further,” the spokesperson said. “The Australian government’s position is clear: there is no place for racism or racial hatred in our society.”
The dispute arose in ۲۰۲۲ after the death of Queen Elizabeth II.
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Faruqi tweeted: “Condolences to those who knew the Queen. I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples. We are reminded of the urgency of Treaty with First Nations, justice & reparations for British colonies & becoming a republic.”
In response, Hanson posted: “Your attitude appalls and disgusts me. When you immigrated to Australia you took every advantage of this country. You took citizenship, bought multiple homes, and a job in a parliament. It’s clear you’re not happy, so pack your bags and piss off back to Pakistan – PH.”
Justice Angus Stewart in November ۲۰۲۴ found Hanson’s tweet was unlawful and portrayed Faruqi as a “second-class citizen” who took advantage of Australia and who, as a migrant to the country, “should be grateful for what she has and keep quiet” – a position he declared to be “exclusionary”.
Stewart found Hanson’s comment that Faruqi should “piss off back to Pakistan” was a “variant of the slogan ‘go back to from where you came from’”, which he said was a “racist trope” and a “strong form of racism”. He added that Hanson’s tweet, given her profile, likely “empowered others” to make similar or worse comments.
The judge rejected Hanson’s arguments, including that Faruqi’s tweet on the queen’s death justified her response. He found Hanson’s tweet did not fall within the fair comment exemption because it was an “angry, personal attack”.
Stewart’s judgment was unanimously upheld in July this year by the three federal court judges Melissa Perry, Geoffrey Kennett and Elizabeth Bennett.
