In a landmark ruling, a Federal Court judge has determined that One Nation leader Pauline Hanson racially discriminated against Deputy Greens leader Mehreen Faruqi through a tweet telling her to "piss off back to Pakistan." The tweet, which was posted in September 2022 on the day Queen Elizabeth II died, followed Senator Faruqi’s comments regarding the Queen’s legacy.

Background of the Incident

Senator Faruqi’s initial tweet criticized Queen Elizabeth II as "the leader of a racist empire," prompting Hanson's derogatory response. Senator Faruqi subsequently took Hanson to Federal Court, alleging that the tweet breached the Racial Discrimination Act.

Court's Findings

During the proceedings, Justice Angus Stewart rejected Hanson’s defense, which claimed ignorance of Faruqi's Muslim background and argued that the tweet was a fair comment on a matter of public interest. The judge characterized Hanson’s tweet as an "angry personal attack" devoid of relevant commentary linked to Faruqi's original post.

Justice Stewart further concluded that the tweet was "anti-Muslim or Islamophobic," emphasizing that Hanson's large following could amplify similar discriminatory messages online. He noted that Hanson has a history of making negative statements against marginalized groups, including people of color and migrants.

Consequences for Senator Hanson

As a result of the ruling, Senator Hanson has been ordered to delete the offensive tweet within seven days and to cover Senator Faruqi's legal costs. This decision has sparked significant reactions from both sides.

Reactions from Mehreen Faruqi

Outside the court, Senator Faruqi hailed the judgment as "landmark," "historic," and "groundbreaking," asserting that it sets a new precedent for how racism is addressed in Australia. She stated, "Today's ruling tells us that telling someone to 'go back to where they came from' is a strong form of racism."

Faruqi emphasized that the ruling sends a clear message that hate speech does not equate to free speech and that those who engage in racial abuse will face consequences.

Hanson's Response and Intent to Appeal

In contrast, Senator Hanson expressed her disappointment with the judgment and announced her intention to appeal. She argued that the ruling demonstrates an overly broad interpretation of section 18C of the Racial Discrimination Act, claiming it restricts political expression.

Legal Insights on the Impact of the Tweet

Senator Faruqi’s counsel, Saul Holt KC, highlighted the damaging impact of Hanson’s tweet, stating it communicated that Faruqi was unwelcome in Australia. He pointed out that the tweet predictably incited further abuse directed at Faruqi, leading to "sleepless nights" for her due to the backlash.

Holt described the incident as an effort to diminish the status of a brown, Muslim migrant, underscoring the broader implications of such rhetoric in public discourse.

Expert Testimony on Racial Dynamics

The court also heard testimony from race relations expert Yin Paradies of Deakin University, who asserted that Hanson's tweet would likely have a negative effect on individuals who share similar attributes to Faruqi, particularly among migrants. He noted that such statements are inherently exclusionary and contribute to the ongoing debate about belonging in society.

Conclusion

The Federal Court's ruling against Pauline Hanson marks a significant moment in the ongoing struggle against racial discrimination in Australia. As the case unfolds, it raises important questions about freedom of expression, the consequences of hate speech, and the responsibilities of public figures in their discourse.