In a landmark ruling that is reverberating across the Australian political landscape, the Federal Court has found that One Nation leader Pauline Hanson engaged in unlawful racial discrimination when she tweeted at Greens Senator Mehreen Faruqi to “piss off back to Pakistan”. The explosive decision, handed down by Justice Angus Stewart, is being hailed as a resounding condemnation of racist political rhetoric and a victory for those fighting against discrimination.
Tweets Exchanged After Queen’s Passing Spark Legal Battle
The case stems from a heated exchange on Twitter (now known as X) between the two senators in the wake of Queen Elizabeth II’s death in September 2022. Senator Faruqi, who is of Pakistani heritage, stirred controversy when she tweeted that she could not mourn the “leader of a racist empire built on stolen lives, land and wealth of colonised peoples.” Hanson fired back with a tweet telling Faruqi “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. It’s clear you’re not happy, so pack your bags and piss off back to Pakistan.”
Faruqi launched a lawsuit against Hanson, alleging the tweet constituted racial discrimination under Section 18C of the Racial Discrimination Act. In an emotionally charged hearing, Faruqi’s legal team argued that Hanson’s comments portrayed the Greens senator as a “second-class citizen” who should be “grateful” for being allowed in Australia and painted her as an outsider who didn’t belong due to her Pakistani heritage.
“Go Back Where You Came From” a Racist Trope, Judge Finds
In a scathing judgment, Justice Stewart agreed, finding that Hanson’s tweet breached the Racial Discrimination Act by being “reasonably likely to offend, insult, humiliate or intimidate” Faruqi and others from racial or ethnic minority groups. He rejected Hanson’s defense that her tweet was justified by Faruqi’s own controversial comments, describing Hanson’s “piss off back to Pakistan” remark as a “strong form of racism” and an “evident racist trope.”
“The court has concluded that the tweet was reasonably likely in all the circumstances to have been profoundly and seriously offensive, insulting, humiliating and intimidating to a significant number of members of the identified groups and to the reasonable targeted person in the position of Senator Faruqi,” Justice Stewart wrote in his decision.
Justice Angus Stewart
Justice Stewart also noted Hanson’s long history of “making negative, derogatory, discriminating or hateful statements” about racial minorities, migrants and Muslims. He found her tweet likely emboldened others to express similarly discriminatory views.
Hanson Ordered to Delete Tweet, Pay Costs
As a result of the ruling, Hanson will be required to delete the offending tweet and pay Faruqi’s legal costs for the proceedings. An emotional Faruqi hugged her lawyers in tears after the decision, later telling reporters it sent a strong message that “racism has no place in our society or our politics.”
Hanson, for her part, remained defiant, vowing to appeal the ruling. In a statement, she described the court’s decision as “a joke” and claimed it set a dangerous precedent for free speech. “This is a sad day for democracy in this country when an elected representative can’t express an opinion without being taken to court,” she said.
Ruling Hailed as Watershed Moment
Political and legal commentators are already describing the decision as a landmark moment in Australia’s ongoing reckoning with racism. Many have praised the court for taking a strong stand against discriminatory language, especially from elected officials. The case is being compared to other high-profile racial vilification lawsuits, though some argue it may be the most significant yet given Hanson’s status as the leader of a political party.
“This is a powerful statement from the judiciary that racism is not acceptable in our public discourse, no matter who it comes from,” a leading legal expert told reporters. “It draws a line in the sand – if you engage in racial vilification, there will be consequences.”
Leading legal expert
Others, however, have expressed concern about the potential “chilling effect” the ruling could have on political speech and debate. Some conservative commentators argue the decision reflects a troubling trend of “censorship” and “political correctness” that threatens freedom of expression.
Regardless of where one falls on that debate, it’s clear the Hanson-Faruqi case has become an inflection point in Australia’s ongoing struggle to confront racism in politics and society. As the shockwaves from the ruling continue to reverberate, many will be watching closely to see what impact, if any, it has on the tenor and substance of the country’s political discourse moving forward.
