Federal court rules that Pauline Hanson racially discriminated against Mehreen Faruqi in ‘angry personal attack’ tweet

One Nation leader Pauline Hanson racially discriminated against Mehreen Faruqi through a tweet in which he told the fellow senator to “return to Pakistan”, according to a judge who has ordered Senator Hanson to delete the tweet.

The Greens deputy leader took Senator Hanson to the Federal Court, claiming her tweet, posted in September 2022 on the day Queen Elizabeth II died, breached the Racial Discrimination Act.

The tweet was in response to a message from Senator Faruqi, who noted that she could not mourn someone she described as “the leader of a racist empire.”

Earlier this year, Senator Hanson indicated that she did not know that Senator Faruqi was a Muslim at the time of the tweet, and her lawyers said the response had nothing to do with religion or skin color.

They told the judge that the tweet fell within a legal exception that allowed honest commentary on a matter of public interest.

Judge Angus Stewart today rejected that argument, saying Senator Hanson’s tweet was an “angry personal attack”, with no discernible commentary linked to the issues Senator Faruqi raised.

‘A new precedent for the way racism is viewed’

Outside court, Faruqi described the verdict as “landmark”, “historic” and “groundbreaking” and that it will “set a new precedent for the way racism is viewed in this country”.

“Today’s ruling tells us that telling someone to ‘go back to where they came from’ is a strong form of racism,” she said.

She said: “It draws the line that hate speech is not freedom of speech and that those who subject people to racist abuse will not get away scot-free.”

“It is time for Pauline Hanson to face the consequences of the racism she has committed for decades against Muslims, against people of color and against First Nations people.”

But Ms Faruqi said she did not expect an apology from Ms Hanson.

“It will be a warning to people like Senator Hanson and others that they will be held accountable for the hate speech that comes out of their mouths,” she said.

In response, Senator Hanson posted on X, formerly Twitter, that she is “disappointed” by the verdict and will appeal it.

“The outcome demonstrates the inappropriately broad application of Article 18C, especially to the extent that it infringes on freedom of political expression,” her message said.

Senator Hanson has been ordered to delete the tweet and pay Senator Faruqi’s legal costs.