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The Guardian World3 min read

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Pauline Hanson Loses Appeal on Racial Discrimination Finding

Pauline Hanson Loses Appeal on Racial Discrimination Finding

A court has upheld the finding that Pauline Hanson engaged in racial discrimination against Greens Senator Mehreen Faruqi. The ruling confirmed that Hanson's September 2022 social media post, which stated Senator Faruqi should "pack your bags and piss off back to Pakistan," constituted "seriously offensive" and intimidating behaviour. This decision follows an appeal launched by the One Nation leader in November, aiming to overturn an initial judgment made by Justice Angus Stewart. Justice Stewart had previously ruled that Hanson's tweet breached the Racial Discrimination Act. The Federal Court's decision on July 27, 2026, means the original finding against Pauline Hanson stands. The case originated from a tweet posted by Hanson in response to Senator Faruqi's criticism of the Australian flag. Senator Faruqi, who is of Pakistani heritage, had expressed her view that the Australian flag represented a colonial past that caused harm. Hanson's subsequent tweet was interpreted as a direct attack based on Senator Faruqi's ethnicity and origin. The Racial Discrimination Act 1975 is a piece of Australian federal legislation that prohibits discrimination on the grounds of race, colour, descent, or national or ethnic origin. The Act aims to promote equality of opportunity and treatment in employment, education, accommodation, and the provision of goods and services. Breaches of the Act can lead to legal proceedings and penalties. The initial ruling by Justice Stewart in November 2024 found that Hanson's tweet was not protected by parliamentary privilege and constituted unlawful racial discrimination. The court considered the context of the tweet, including Senator Faruqi's position as a senator and her public profile, as well as Hanson's role as a prominent political figure. The appeal process involved a review of the evidence and legal arguments presented in the original hearing. The judges in the appeal court found in favour of Senator Faruqi, reinforcing the initial judgment that Hanson's actions were discriminatory. This outcome has significant implications for political discourse in Australia, highlighting the legal boundaries of public commentary, particularly concerning race and ethnicity. The case underscores the importance of the Racial Discrimination Act in protecting individuals from offensive and intimidating behaviour based on their background. Pauline Hanson, a long-standing figure in Australian politics, leads the One Nation party, known for its nationalist and populist platform. Mehreen Faruqi is a Greens Senator for New South Wales, serving as the party's spokesperson for various portfolios including environment, climate change, and women. The case has drawn considerable attention due to the prominence of the individuals involved and the sensitive nature of the allegations.

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