One Nation leader Pauline Hanson has lost her appeal against a landmark Federal Court ruling that found she breached Australia’s Racial Discrimination Act over a social media post directed at Greens Senator Mehreen Faruqi, but says she is considering taking the matter to the High Court.
In a unanimous decision delivered on Monday, the Full Court of the Federal Court upheld a 2024 judgment that Hanson’s 2022 post telling Senator Faruqi to “pack your bags and piss off back to Pakistan” contravened section 18C of the Racial Discrimination Act 1975.
The case arose after Senator Faruqi criticised the legacy of the British monarchy following the death of Queen Elizabeth II in September 2022. Hanson responded on social media, arguing that Faruqi had benefited from Australia after migrating here and suggesting she return to Pakistan if she was unhappy.
Justice Angus Stewart originally ruled in November 2024 that the post was unlawful because it was reasonably likely to offend, insult, humiliate or intimidate Senator Faruqi and others who shared her racial or ethnic background. Hanson appealed that decision, arguing among other things that her comments were protected political communication and that the court had misapplied section 18C.
The Full Court rejected those arguments.
In their judgment, Justices Melissa Perry, Geoffrey Kennett and Elizabeth Bennett found the primary judge had correctly concluded the tweet was published because of Senator Faruqi’s race, colour and national or ethnic origin. The court also held that Australia’s racial discrimination laws remain constitutionally valid and do not impermissibly burden political communication.
The judges acknowledged that political debate often involves robust language but said that does not exempt public commentary from Australia’s anti-discrimination laws.
Outside court, Senator Faruqi described the ruling as a victory against racism.
She said the decision was important not only for her personally but for Australians who had been told to “go back to where you came from”, adding that “hate speech is not free speech”.
Hanson, who was not in court for the judgment, said she was disappointed with the outcome.
In a statement, she said she and her legal team would closely examine the decision before deciding whether to seek special leave to appeal to the High Court.
She also reiterated concerns that Australians’ ability to express personal opinions is becoming increasingly constrained by laws that, in her view, limit free speech where others may take offence.
The ruling marks another significant legal setback for Hanson in a case that has attracted national attention because it sits at the intersection of political expression, racial discrimination law and the implied constitutional freedom of political communication.
While the Federal Court found that Hanson’s comments crossed the legal threshold established by section 18C, the decision does not prevent robust political debate more broadly. Rather, the court reaffirmed that Australia’s anti-discrimination laws place limits on public speech that targets people because of their race, colour or national or ethnic origin.
Unless the High Court agrees to hear a further appeal, Monday’s judgment leaves the earlier findings against Hanson in place and reinforces the scope of Australia’s racial discrimination protections in political discourse.
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