Judges uphold ruling over social media post targeting Senator Mehreen Faruqi
CANBERRA: An Australian court on Monday dismissed an appeal by right-wing One Nation leader Pauline Hanson, upholding an earlier ruling that she unlawfully racially discriminated against Greens Senator Mehreen Faruqi through a social media post.
A three-judge panel of the Full Federal Court unanimously affirmed the 2024 decision, finding that Hanson’s comments were unlawful and not protected under Australia’s free speech provisions.
Outside the court, Faruqi welcomed the ruling, describing it as a victory for people who have experienced racist remarks telling them to “go back” to another country.
Meanwhile, Hanson expressed disappointment with the outcome, saying public debate in Australia had become increasingly restricted by laws limiting people’s ability to express personal opinions. She added that her legal team would review the judgment before deciding whether to appeal to the High Court of Australia, the country’s highest judicial authority.
Dispute stemmed from 2022 social media exchange
The case originated in September 2022 after Faruqi posted on X following the death of Queen Elizabeth II, criticising the legacy of the British Empire.
Hanson responded by telling Faruqi to “pack your bags and piss off back to Pakistan.” Faruqi, who migrated to Australia from Pakistan in 1992 and became the first Muslim woman elected to an Australian parliament, later filed legal action.
In 2024, a Federal Court judge ruled that the post was reasonably likely to offend, insult, humiliate and intimidate Faruqi, as well as Muslim Australians and migrants from diverse backgrounds.
Court rejects constitutional challenge
In its latest judgment, the Full Federal Court rejected Hanson’s arguments that the law was unconstitutional and that her comments were protected as fair comment on a matter of public interest.
The judges agreed with the earlier ruling, stating that the post conveyed an anti-Muslim and Islamophobic message and reflected a historically racist anti-immigration slogan.
Following the decision, Faruqi said the judgment clearly confirmed that the court regarded the remarks as racist and Islamophobic.
One Nation, founded in 1997, has long campaigned on stricter immigration policies. Although once considered a fringe political movement, the party has recently gained stronger support in opinion polls as immigration continues to dominate Australia’s political debate.
