Senator Pauline Hanson has persuaded the High Court to hear an appeal against a finding that she breached section 18C of the Racial Discrimination Act 1975 by publishing a tweet about Greens Senator Mehreen Faruqi.

At stake is the constitutional validity of section 18C. The section makes it unlawful for a person to engage in a public act that is reasonably likely to offend, insult, humiliate or intimidate another person or group, if it is done because of their race, colour or national or ethnic origin.

What started the conflict?

When Queen Elizabeth II died in September 2022, Faruqi published a tweet that included the line: “I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised people”.

Hanson tweeted in reply that Faruqi’s tweet appalled and disgusted her. She claimed that when Faruqi immigrated to Australia, she took every advantage of the country, and concluded that: “It’s clear you’re not happy, so pack your bags and piss off back to Pakistan”.

Faruqi made a complaint to the Human Rights Commission that Hanson’s tweet breached section 18C. Hanson declined to participate in a conciliation process.

Faruqi then took the matter to the Federal Court. At first instance, Justice Angus Stewart found Hanson’s conduct in publishing the tweet was unlawful under section 18C and didn’t fall within a defence. He ordered Hanson’s tweet be deleted and that she pay Faruqi’s legal costs.

Hanson then appealed to the full court of the Federal Court. It upheld the lower court’s decision. The High Court has now agreed to hear a final appeal by Hanson. It is likely to be heard early next........

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