1 December 2024:
The Federal Court of Australia has found that, in publishing a tweet that included telling Senator Mehreen Faruqi to “piss off back to Pakistan”, Senator Pauline Hanson racially vilified Senator Faruqi.
Background Facts
On 9 September 2022, Senator Mehreen Faruqi published a tweet, following Queen Elizabeth II’s death, which stated:
“Condolences to those who mourn the Queen. I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonized people.”
She urged for a “… Treaty with First nations, justice & repatriations for British colonies & becoming of republic.”
In reply, Senator Pauline Hanson published the following tweet:
“Your attitude appalls and disgusts me. When you immigrated to Australia you took every advantage of this country. You took citizenship, bought multiple homes, and a job in a parliament. It’s clear you’re not happy, so pack your bags and piss off back to Pakistan.”
Senator Faruqi made a complaint about Senator Hanson’s tweet to the Australian Human Rights Commission; Senator Hanson declined to participate in that process. Thereafter, Senator Faruqi initiated proceedings in the Federal Court claiming Senator Hanson breached s 18C of the Racial Discrimination Act 1975 (Cth) for engaging in offensive conduct due to Senator Faruqi’s race, colour, or national or ethnic origin.
The Legal Position and Outcome
Section 18C of the Racial Discrimination Act 1975 (Cth) prohibits racial vilification; it provides that it is unlawful for a person to do non-private acts that (1) are reasonably likely to offend, insult, humiliate or intimidate another person or group; and (2) are done due to the race, colour, or national or ethnic origin, of the other person or people in the group.
Stewart J of the Federal Court found that Senator Hanson had contravened section 18C of the Racial Discrimination Act 1975 (Cth) by publishing the offensive tweet, because, amongst other reasons:
- Senator Hanson’s tweet conveyed a racist trope associated with anti-immigrant connotations, inferred that migrants were second-class citizens, and was communicated to a large audience with the possible effect of promoting or condoning similar, or worse, views – it was thereby offensive;
- The tweet was published because of Senator Faruqi’s race, because it was directed at Muslims as much because of their race, colour, and immigrant status, as it was about their religious beliefs; and
- Senator Hanson, despite communicating her genuine belief in her tweet, had not exercised a conscientious approach to advancing her free speech, and she therefore did not act in good faith and her tweet was not “fair comment”.
Senator Hanson was ordered to remove her offending tweet, “pin” a note to her account recording the declaration of unlawful conduct, and pay Senator Faruqi’s legal costs.
A copy of the Court’s decision in Faruqi v Hanson [2024] FCA 1264 can be read here. The court’s decision, refusing Senator Hanson’s application for a reduction in costs (in Faruqi v Hanson (Costs) [2024] FCA 1389), can be read here.