Pauline Hanson is mounting a legal challenge against a federal court ruling that found her social media comments towards Greens senator Mehreen Faruqi constituted 'seriously offensive' and intimidating behaviour.
The Core of the Legal Challenge
During a federal court appeal hearing, Hanson's barrister, Sue Chrysanthou SC, argued that the One Nation leader's September 2022 post was not racially motivated. Instead, Chrysanthou contended it was an attempt to expose perceived hypocrisy in Senator Faruqi's criticism of the British monarchy following Queen Elizabeth II's death.
The court heard that while Hanson's language might not be suitable for 'an afternoon tea' or formal settings, it was consistent with the rough-and-tumble discourse common among politicians on the platform then known as Twitter. Chrysanthou emphasised that the court must consider the platform's nature in 2022, where users often expressed views more bluntly than they might in person.
Context of the Controversial Exchange
The dispute originated on the day of the Queen's passing. Senator Faruqi posted a message offering condolences but added that she could not mourn the leader of what she described as a 'racist empire built on stolen lives, land and wealth of colonised peoples'.
In response, Senator 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 legal team argued this was a direct rebuttal of Faruqi's political stance on the monarchy, not an attack based on her race, colour, or national origin. They noted that the Greens' then-leader, Adam Bandt, had also faced similar 'go back' comments after calling for a republic on the same day.
Judgment Under Appeal and Ongoing Proceedings
In November 2024, Justice Angus Stewart found that Hanson's post had breached section 18C of the Racial Discrimination Act. He determined the tweet would likely insult, offend, humiliate, and intimidate migrants of colour, recent immigrants, and Muslim Australians of colour.
Justice Stewart characterised the 'go back to where you came from' sentiment as a racist, anti-immigrant trope with historical links to the White Australia Policy. He stated it conveyed that Senator Faruqi was a 'second-class citizen' as an immigrant.
Hanson's barrister is now arguing this finding was extreme, claiming Justice Stewart failed to properly consider the context of the online exchange. The appeal hearing continues as Hanson seeks to overturn this landmark ruling.
