Faruqi v Hanson [2024] FCA 1264

Faruqi v Hanson [2024] FCA 1264

Senator Hanson's tweet was reasonably likely, in all the circumstances, to offend, insult, humiliate and intimidate the applicant and identified groups of people, and was done because of the applicant’s race, colour or national or ethnic origin. It was not exempted as fair comment under s 18D, as it was not reasonable, in good faith, or a fair comment. The aspects of Pt IIA challenged are constitutionally valid and do not impermissibly burden the implied freedom of political communication.

Parties
Applicant: Mehreen Faruqi; Respondent: Pauline Hanson; Intervener: Attorney-General of the Commonwealth
Jurisdiction
Australia
Judgment Date
01 November 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment for applicant
Legal Topics
Racial Discrimination, Freedom of Political Communication, Remedies Under Human Rights Legislation
Administrative Law Constitutional Law Human Rights Law Racial Discrimination Freedom of Political Communication Remedies Under Human Rights Legislation

Case Brief

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Parties

Mehreen Faruqi

Applicant

Pauline Hanson

Respondent

Attorney-General of the Commonwealth

Intervener

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the respondent’s tweet was unlawful under s 18C of the Racial Discrimination Act 1975 (Cth)
  2. 2 Whether the conduct was because of the applicant’s race, colour or national or ethnic origin
  3. 3 Whether the conduct is exempt under s 18D as fair comment made reasonably and in good faith

Ratio Decidendi

Senator Hanson's tweet was reasonably likely, in all the circumstances, to offend, insult, humiliate and intimidate the applicant and identified groups of people, and was done because of the applicant’s race, colour or national or ethnic origin. It was not exempted as fair comment under s 18D, as it was not reasonable, in good faith, or a fair comment. The aspects of Pt IIA challenged are constitutionally valid and do not impermissibly burden the implied freedom of political communication.

Court Disposition

judgment for applicant

Orders

  • Declaration that the respondent’s conduct in publishing the tweet is unlawful under s 18C of the Racial Discrimination Act 1975 (Cth)
  • Order that within seven days, the respondent delete the tweet from her Twitter (X) profile under the handle @PaulineHansonOz