An Australian court has upheld a ruling that found populist leader Pauline Hanson racially discriminated against Senator Mehreen Faruqi in a 2022 social media post. The Federal Court dismissed Hanson's appeal on Monday, confirming an earlier decision that she breached the racial discrimination act with a tweet directed at Faruqi.
Hanson, the leader of the One Nation party, had argued that political communication should be protected. However, Justice Melissa Perry rejected this argument. Senator Faruqi, who is Muslim and a member of the Greens party, stated outside the court that the ruling was a victory for all who have felt their belonging in Australia is conditional. "This case was always about holding to account racism and holding to account those who perpetrate racism," Faruqi said. "Hate speech is not free speech."
The case originated from a tweet Hanson posted in September 2022, following the death of Queen Elizabeth II. Senator Faruqi had posted a message of condolence but added that she "cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonized people." Hanson responded with a post described by Justice Angus Stewart in a 2024 ruling as a variation of the slogan, "go back to where you came from." Stewart found the phrase to be a "racist trope with a long history" and that it implicitly targeted Muslims.
Justice Stewart had previously ordered Hanson to delete the tweet and pay Faruqi's legal costs. Faruqi had initiated the legal action, arguing that Hanson's tweet was reasonably likely to offend, insult, humiliate, or intimidate another person or group because of their race, color, or national or ethnic origin.
Hanson expressed disappointment with the Federal Court's decision and indicated that she and her legal team would review it to determine if an appeal to the High Court of Australia would be pursued. In the past, Hanson has advocated for stricter immigration policies and has faced criticism for public statements regarding Muslims and the legacy of Australia's immigration policies. Earlier this year, she was questioned about suggestions she was advocating for a return of the "White Australia" policy, a series of laws that historically restricted non-white immigration, in a podcast discussion with British activist Tommy Robinson.