The High Court of Australia has agreed to hear Pauline Hanson’s appeal against a ruling that she racially vilified far-left Pakistan-born Muslim Greens senator Mehreen Faruqi.
The One Nation leader in August sought special leave to challenge the Federal Court’s finding that a 2022 tweet telling Ms Faruqi to “piss off back to Pakistan” breached Section 18C of the Racial Discrimination Act (RDA).
Six High Court justices on Thursday granted Ms Hanson special leave to appeal the ruling, which she will do on the grounds that Commonwealth does not have the power to make racial discrimination laws, and that the RDA infringes on her implied right to political communication under the Constitution.
Both Ms Hanson and Ms Faruqi, who has a history of antiwhite statements herself, welcomed the High Court’s decision to hear the case, as did Commonwealth Attorney-General Michelle Rowland, who is a respondent alongside the Greens senator.
“This case has always been bigger than me and bigger than one tweet. Australians must be able to speak their minds, question their government and disagree with each other without being frightened into silence,” Ms Hanson said.
“That freedom is under attack, including through Labor’s Digital Duty of Care Bill and its threat to lawful debate online. I look forward to putting our arguments to the Court about freedom of speech and the constitutional protection of political communication.”
Ms Faruqi responded by saying “bring it on” in a statement where she also stated that “this has been a long, hard road walked alongside everyone who has been targeted by racism. We won’t be backing down now”.
“The highest court in Australia can now determine once and for all that people in this country are protected against racism. People of colour, migrants and Muslims deserve to feel safe in the place they call home,” Ms Faruqi said.
“In times like these where we are being attacked and demonised, our legal system must be able to provide protection against vilification.”
A spokesperson for Ms Rowland there was “no place for racism or racial hatred in our society”.
“Section 18C of the Racial Discrimination Act protects all Australians against this conduct,” the spokesperson said.
“Its importance to Australia’s social cohesion is perhaps greater than ever.”
The tweet found to have breached 18C, which makes it unlawful for someone to do an act that is reasonably likely to “offend, insult, humiliate or intimidate” someone because of their race or ethnicity, was made in response to social media comments made by Ms Faruqi after the death of Queen Elizabeth II.
The Greens politician described the late monarch as “the leader of a racist empire built on stolen lives, land and wealth of colonised peoples”, and called for reparations and a republic.
“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,” Ms Hanson replied.
Ms Hanson has repeatedly vowed to strike down 18C, which has been maintained by both Labor and Coalition governments for decades, along with all other “hate speech” and “hate group” laws, and wants to enshrine free speech in the Constitution via a referendum.
Former prime minister Tony Abbott vowed to repeal 18C in 2013, but backed down after he was elected due to pressure from the Jewish community, and recently said he now supports Australia’s anti-vilification laws.
Fellow ex-Liberal PM John Howard also opposed the introduction of 18C, but refused to scrap it during his 11 years in government.
In September the High Court heard a challenge to the government’s prohibited hate group laws by the White Australia Party on three grounds, one of which was that they infringe on the implied right to freedom of political communication.
The High Court is yet to hand down its ruling on that case.
Header image: Left, Pauline Hanson (One Nation). Right, Mehreen Faruqi (Parliament of Australia).
