In brief
The Federal Court dismissed Pauline Hanson's appeal, confirming that her 2022 tweet urging Senator Mehreen Faruqi to “go back to Pakistan” amounted to racial discrimination. Justice Melissa Perry ruled the post was an anti‑Muslim attack that was likely to offend and humiliating, ordering Hanson to delete the tweet and cover Faruqi’s legal costs. The case underscores that hate speech is not protected under the principle of free speech. Senator Faruqi hailed the decision as a victory for those feeling their belonging is conditional, while Hanson says she will challenge the ruling in the High Court. The judgment marks a significant moment in the ongoing debate over hate rhetoric and federal protections against racial discrimination.
A federal court has rejected Pauline Hanson’s appeal over a 2022 tweet, upholding the earlier ruling that her comment breached the Racial Discrimination Act.
Hanson, the One Nation party leader, had responded to a post by Senator Mehreen Faruqi—who is a Muslim and deputy leader of the Greens—with a post urging the senator to “go back to Pakistan.” The comments were described as an anti‑Muslim, “angry personal attack,” a version of the long‑used slogan “go back to where you came from.” Justice Melissa Perry dismissed Hanson’s appeal, stating the remarks were “likely to offend, insult, humiliate or intimidate” and had been made because of Faruqi’s race, colour or national origin.
The court ordered Hanson to delete the tweet and to pay Faruqi’s legal costs. “Today’s win is for every single person who has been made to feel that their belonging in this country is conditional,” Faruqi told reporters outside the courthouse, stressing that “hate speech is not free speech.”
"This case was always about holding to account racism and those who perpetrate it," Faruqi added. "Hate speech is not free speech."
Hanson has previously advocated for a import ban on Muslims and has been criticised for remarks describing Muslims in a negative light. She also denied that she supports a return to Australia’s old White Australia policy, though she acknowledged that the country “opened up” when it stopped restricting non‑white immigration.
Despite the ruling, Hanson said she and her legal team will review the decision and, “with a view to commencing an appeal in the High Court of Australia.” The case continues to highlight the fine line between political criticism and hate speech, and the manner in which the courts are stepping in to enforce the country’s anti‑discrimination laws.
