One Nation leader Pauline Hanson has lost her appeal against a Federal Court decision that found she racially discriminated against Greens senator Mehreen Faruqi over a social media post made in 2022.
The Full Court of the Federal Court rejected Hanson’s challenge and upheld the earlier finding that her post breached section 18C of the Racial Discrimination Act, which deals with public acts that are reasonably likely to offend, insult, humiliate or intimidate people because of their race, colour, or national or ethnic origin.
The case began after Hanson responded to a post by Senator Faruqi following the death of Queen Elizabeth II in September 2022. Faruqi had criticised aspects of the British monarchy and its colonial history. Hanson replied with comments telling Faruqi to return to Pakistan, which led Faruqi to begin legal action.
In the original Federal Court decision, Justice Angus Stewart found Hanson’s comments were a form of racial vilification and were directed at Faruqi’s background and identity. The court previously ordered Hanson to delete the post and pay Faruqi’s legal costs.
During the appeal, Hanson argued that the ruling placed unreasonable limits on political expression and freedom of speech. Her legal team argued the comments should be considered within the context of public debate and political discussion.
However, the appeal judges disagreed and confirmed the original decision. The court found that the comments went beyond ordinary political criticism and crossed the legal threshold for racial discrimination.
Senator Mehreen Faruqi attended the appeal judgment and described the outcome as significant for people who experience racism and discrimination. She said the decision showed that public figures can be held accountable for harmful comments.
The case has become part of a broader national debate in Australia about the balance between freedom of speech and protection from racial abuse. Supporters of stronger anti-discrimination laws argue that public comments targeting people because of their identity can cause real harm, while critics have raised concerns about how such laws affect political debate.
The decision also adds to ongoing public discussion around Hanson’s political career and comments on immigration, multiculturalism and Australian identity. Hanson has remained a controversial figure in Australian politics for decades due to her positions on race, migration and national culture.
Legal experts say the judgment reinforces the importance of understanding the limits of public speech under Australian discrimination laws, particularly when comments are directed at individuals because of their racial or cultural background.
The outcome is expected to continue discussions about how Australia manages online speech, political debate and protections against racial discrimination.
