One Nation leader Pauline Hanson has launched an appeal against a federal court judgment that found she engaged in 'seriously offensive' and intimidating behaviour toward Greens senator Mehreen Faruqi.
The Controversial Tweet and Legal Challenge
The case centres on a social media exchange that occurred in September 2022 following the death of Queen Elizabeth II. Senator Faruqi had posted on Twitter, now known as X, offering condolences while criticising the monarchy as leading a 'racist empire built on stolen lives, land and wealth of colonised peoples'.
In response, Hanson wrote: 'When you immigrated to Australia you took every advantage of this country. It's clear you're not happy, so pack your bags and piss off back to Pakistan.'
Hanson's Defence Arguments
During Monday's federal court appeal hearing, Hanson's barrister Sue Chrysanthou SC argued that the One Nation leader's comments were not driven by racism but rather by a desire to expose what she perceived as hypocrisy.
Chrysanthou contended that while the remarks might not be suitable for 'an afternoon tea' or courtroom discourse, they reflected the expected conduct on X where users often express views they wouldn't share in person.
The barrister maintained that Hanson's post specifically targeted Faruqi's personal views about the Queen and monarchy, not her race, colour, national or ethnic origin.
Context and Precedent Cited
Chrysanthou presented several contextual arguments to the court:
- Hanson's tweet came after hours of similar accusations against Faruqi from other users
- The Greens' then-leader Adam Bandt had also been told to leave Australia after calling for a republic on the day of the Queen's death
- The post highlighted Faruqi's alleged hypocrisy in criticising Australia while benefiting from taxpayer-funded income as a senator
Original Judgment and Racial Discrimination Findings
In his November 2024 ruling, Justice Angus Stewart found that Hanson had breached section 18C of the Racial Discrimination Act, legislation that has survived multiple attempts by conservative politicians to remove it.
Justice Stewart determined that migrants of colour, recent immigrants to Australia, and Muslims who are people of colour would likely feel insulted, offended, humiliated and intimidated by Hanson's tweet.
The judge characterised the 'go back to where you came from' sentiment as a racist, anti-immigrant trope traceable to the White Australia Policy era, sending a message that Senator Faruqi was a second-class citizen as an immigrant.
The appeal hearing continues as Hanson seeks to overturn the federal court's landmark decision.
