Court upholds racial discrimination ruling against Pauline Hanson

The Federal Court has upheld a 2024 decision that former One Nation leader Pauline Hanson breached the Racial Discrimination Act by sending a hostile comment to Senator Mehreen Faruqi on social media. The tweet, posted in 2022 on the anniversary of Queen Elizabeth II’s death, urged the senator to return to Pakistan, a statement deemed anti‑Muslim by the court.

Justice Melissa Perry dismissed Hanson’s appeal, noting that political communication does not provide a blanket shield against hate speech. The judge reaffirmed that the post was a variant of the “go back to where you came from” trope, a phrase historically used to target Muslim communities. As a result, Hanson was ordered to delete the tweet and pay the senator’s legal fees.

Faruqi, who holds the deputy leadership of the Greens, argued that the tweet was likely to offend, insult, humiliate or intimidate others because of her race or religion. Her comments remain a significant milestone in holding individuals accountable for racially charged public statements.

Hanson, who has publicly called for a ban on Muslim immigration and dismissed the contribution of Muslim Australians, has expressed disappointment in the decision. She stated she would consider an appeal to the High Court, but today the ruling stands as a victory for those who have faced conditional belonging in the country.

The case highlights that hate speech is not protected by free speech laws. Faruqi has been vocal about the dangers of racial stereotyping, asserting that racism must be confronted at all levels of society.