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Pauline Hanson loses appeal over racial discrimination finding

Created at 27 Jul · 4:21 AM1 source↑ Market-relevant
IN SHORT

A court has upheld a finding that Pauline Hanson engaged in racial discrimination against Greens Senator Mehreen Faruqi. Hanson's appeal argued that the Racial Discrimination Act breached freedom of speech.

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Who's Involved

Pauline Hanson
One Nation leader who appealed a racial discrimination finding
Mehreen Faruqi
Greens Senator who was the subject of a racial discrimination finding
Angus Stewart
Justice who made the initial finding of racial discrimination
Melissa Perry
Federal court justice who upheld the finding
Geoffrey Kennett
Federal court justice who upheld the finding
Elizabeth Bennett
Federal court justice who upheld the finding

↳ Why This Matters

The court's decision reinforces protections against racial discrimination and signals that offensive public statements, even those made by political figures, can have legal consequences.

Key facts

  • Pauline Hanson's appeal against a racial discrimination finding has been dismissed.
  • The original finding concerned a tweet where Hanson told Senator Mehreen Faruqi to "pack your bags and piss off back to Pakistan".
  • The court upheld that Hanson's social media post breached the Racial Discrimination Act.
  • Hanson had argued that section 18C of the act infringed upon freedom of political communication.

A federal court has upheld a finding that Pauline Hanson engaged in racial discrimination against Greens Senator Mehreen Faruqi. The decision affirms that Hanson's September 2022 social media post, in which she told Faruqi to "pack your bags and piss off back to Pakistan," was unlawful and breached the Racial Discrimination Act.

Hanson had appealed the initial ruling made by Justice Angus Stewart in October, arguing that section 18C of the act infringed upon the implied freedom of political communication. She contended that the decision raised concerns about freedom of speech in Australia.

Justices Melissa Perry, Geoffrey Kennett, and Elizabeth Bennett dismissed Hanson's appeal on Monday. Faruqi was present for the judgment, while Hanson did not attend court. Justice Stewart had previously described the case as a "test case," aimed at proving that such egregious behaviour is unlawful and at challenging the scope of the Racial Discrimination Act.

Frequently asked questions

Justice Angus Stewart found that Pauline Hanson engaged in "seriously offensive" and intimidating behaviour against Senator Mehreen Faruqi when she tweeted for Faruqi to "pack your bags and piss off back to Pakistan."

Hanson argued that section 18C of the Racial Discrimination Act breached the implied freedom of political communication and that her speech was under threat.

Federal court justices Melissa Perry, Geoffrey Kennett, and Elizabeth Bennett heard the appeal and upheld the original finding.

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Cadence

How It Developed

Pauline Hanson appealed a finding of racial discrimination against Senator Mehreen Faruqi.
The appeal argued section 18C of the Racial Discrimination Act breached freedom of speech.
Federal court justices upheld the original finding of racial discrimination.
The court found Hanson's tweet telling Faruqi to "pack your bags and piss off back to Pakistan" was unlawful.

Sources

T1
Pauline Hanson loses bid to overturn Mehreen Faruqi racial discrimination findingThe Guardian

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