High Court to weigh section 18C against Hanson’s implied freedom of speech
Australia’s High Court has granted One Nation leader Pauline Hanson special leave to appeal a ruling that she engaged in racial discrimination against Greens senator Mehreen Faruqi, The Guardian reported on Thursday. The court will consider whether Hanson’s 2022 response breached the Racial Discrimination Act or whether the Full Federal Court’s decision impeded her implied freedom of speech.
The appeal follows the Full Federal Court’s unanimous July decision to uphold Justice Angus Stewart’s November 2024 ruling. Judges Melissa Perry, Geoffrey Kennett and Elizabeth Bennett took part in that decision. Stewart had found Hanson’s tweet unlawful and said it 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.” He described that position as “exclusionary.”
Stewart said Hanson’s instruction that Faruqi “piss off back to Pakistan” was a “variant of the slogan ‘go back to from where you came from’,” which he called a “racist trope” and a “strong form of racism.” He found that, given Hanson’s profile, the tweet likely “empowered others” to make similar or worse comments. Stewart rejected Hanson’s arguments that Faruqi’s tweet about the Queen’s death justified her response, ruling the post did not qualify for the fair-comment exemption because it was an “angry, personal attack.”
The dispute arose in 2022 after the death of Queen Elizabeth II. 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.” Hanson responded: “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.”
On social media, Hanson welcomed the decision, saying “this case has always been bigger than me and bigger than one tweet.” She wrote: “Australians must be able to speak their minds, question their government and disagree with each other without being frightened into silence.” Hanson added: “That freedom is under attack, including through Labor’s digital duty of care bill and its threat to lawful debate online.”
Faruqi said in a Thursday statement: “Bring it on.” She wrote: “This has been a long, hard road walked alongside everyone who has been targeted by racism. We won’t be backing down now.” She also wrote: “The highest court in Australia can now determine once and for all that people in this country are protected against racism.” Faruqi said people of colour, migrants and Muslims deserve to feel safe in the country and that the legal system must provide protection against vilification.
A spokesperson for federal attorney general Michelle Rowland said section 18C of the Racial Discrimination Act 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 matter now rests with the High Court, which must determine whether Hanson’s post was unlawful under the Racial Discrimination Act and whether the Full Federal Court erred in ruling against her implied freedom of speech. The appeal follows the court’s grant of special leave and the Full Federal Court’s unanimous decision against Hanson.