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Pauline Hanson launches final appeal after losing legal war over her ‘p*** off back to Pakistan’ comment
Australia’s High Court has agreed to hear Pauline Hanson’s appeal against a ruling that her social media post to Greens senator Mehreen Faruqi breached racial discrimination law. The appeal will test whether the law’s provisions improperly restrict the implied constitutional freedom of political communication.
The dispute began after Faruqi commented on Queen Elizabeth II’s death in September 2022 and Hanson told her to “p*** off back to Pakistan”. A Federal Court judge found the post contravened section 18C of the Racial Discrimination Act, and the Full Federal Court upheld that decision in July. Hanson says the case concerns free speech; Faruqi says she will continue defending protections against racial vilification.
In short
- The High Court will hear Hanson’s appeal.
- The case concerns section 18C and political speech.
- Faruqi says she will defend protections against racial vilification.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Hanson’s appeal can be framed as a question of whether a law against racial vilification goes too far when it penalises political speech. Because political communication is central to democratic debate, the High Court should examine whether the law imposes a constitutionally permissible limit, even when the remarks are offensive.
The case against
Faruqi’s position is that freedom of political communication does not give politicians licence to target people on racial grounds. Legal protections against racial vilification can help ensure people are able to participate in public life without being subjected to discriminatory abuse, while leaving room for robust political disagreement.