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Court Upholds Racial Discrimination Ruling Against Pauline Hanson

The Australian Federal Court has upheld a 2024 decision finding Pauline Hanson breached the Racial Discrimination Act over a 2022 tweet.

Source: bbc.co.uk1 min read
Pauline Hanson and Mehreen Faruqi
Pauline Hanson and Mehreen Faruqi

In brief

A federal court judge upheld a 2024 ruling that convicted Pauline Hanson of racial discrimination when she responded to Senator Mehreen Faruqi's condolence posts for Queen Elizabeth II with an anti-Muslim remark. Justice Melissa Perry dismissed Hanson's appeal, ordering the removal of the tweet and payment of legal costs. Faruqi, the Greens deputy leader, highlighted how the case reaffirms accountability for racism and distinguishes hate speech from protected politics. Hanson has expressed disappointment and may appeal to the High Court. The decision underscores the limits of political speech and reaffirms the protection of minority communities.

The Australian Federal Court has confirmed a 2024 judgment that found Pauline Hanson breached the Racial Discrimination Act when she fired an anti‑Muslim remark at Senator Mehreen Faruqi in response to a condolence post for Queen Elizabeth II.

Justice Melissa Perry rejected Hanson’s appeal, ordering the removal of the offending tweet and awarding Faruqi court costs. “This case underlines that hate speech is not protected by political commentary,” Faruqi said as she watched the judgment read out on the courthouse steps.

Hanson’s tweet—an echo of the slogan “go back to where you came from”—was deemed “a racist trope… explicitly targeting Muslims” by former judge Angus Stewart in the initial 2024 case. The phrase was viewed as “reasonably likely to offend, insult, humiliate or intimidate” based on race, colour or national origin.

Hanson, long a vocal proponent of the now‑obsolescent “White Australia” policy and a former supporter of a Muslim immigration ban, expressed disappointment and said she will likely seek review in the High Court.

The ruling reaffirms that political speech does not immunise parliaments from the law when it becomes a vehicle for racial vilification. Faruqi emphasized that accountability is essential, saying, “Hate speech is not free speech.”

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