One Nation leader Pauline Hanson has announced she will seek special leave to appeal to the High Court after losing a legal battle concerning a social media post. The post, made in September 2022, told Greens Senator Mehreen Faruqi to "pack your bags and piss off back to Pakistan."
The Full Federal Court had previously ruled that Hanson's post breached section 18C of the Racial Discrimination Act, which prohibits conduct that offends, insults, humiliates, or intimidates another person based on their race, color, or national or ethnic origin.
Hanson, framing her legal challenge as a fight for free speech, argues that the law places unacceptable limits on political debate. "I'm taking this fight to the High Court for every Australian who feels they are being silenced and told to keep their opinions to themselves," she stated.
She contends that the case raises broader questions about the interaction between section 18C and the implied freedom of political communication guaranteed by the Australian Constitution. Hanson pointed to findings in the Full Federal Court decision that acknowledged her comments were related to political communication and that section 18C casts a wide, setting a low bar that burdens political discourse.
"I don't mince my words. I never have. People know exactly where I stand. But speaking plainly about political issues should not put you in court," Hanson said.
Hanson expressed concern that too many Australians are becoming fearful of expressing views on contentious issues such as immigration, race, religion, and Indigenous policy, for fear of being labeled racist or facing legal action. She believes this restricts public debate and is not conducive to a free society.
She rejected the notion that her case is about granting special rights to politicians, instead characterizing it as a test of the right of ordinary Australians to participate in public debate without fear. Hanson vowed to continue her fight, stating that millions of Australians feel their ability to speak on certain matters has been curtailed and that she will not be silenced.
The case originated when Senator Faruqi criticized Queen Elizabeth II following the monarch's death, prompting Hanson's online response directed at the Pakistani-born senator.