A court has upheld the finding that Pauline Hanson engaged in racial discrimination against Mehreen Faruqi after the One Nation leader tweeted that the Greens senator should “pack your bags and piss off back to Pakistan”. Hanson launched an appeal in November, almost a month after she was found to have engaged in “seriously offensive” and intimidating behaviour in the September 2022 social media post that breached the Racial Discrimination Act.
On Monday, Stewart’s decision was upheld by federal court justices Melissa Perry, Geoffrey Kennett, and Elizabeth Bennett. Faruqi was in court for the judgment, but Hanson did not make an appearance.
Why was the case described as a test case?
Stewart had said the case had functioned as “a test case” for both Faruqi and Hanson’s claims. Faruqi wanted to prove a “common form of egregious behaviour is unlawful”, meanwhile Hanson wanted to prove in her failed bid that section 18C of the act breached the implied freedom of political communication.
Hanson had argued in her appeal that Stewart’s decision “raised alarm among many Australians that their freedom of speech, the freedom to say what they’re thinking, is constantly under threat”.
What did Faruqi say after her earlier win?
In November Faruqi described her win as a landmark decision and a “warning for people like Pauline Hanson”.
“I do hope it emboldens individuals and communities to assert their right to live free from racism,” Faruqi said.
