Trial for Alleged Racism Begins in Pauline Hanson Defamation Case

Today marks the beginning of the trial of One Nation party leader Pauline Hanson for alleged hate speech in the Federal Court.

The lawsuit, initiated by Greens senator and party federal deputy leader Mehreen Faruqi, focuses on a Twitter post by Ms. Hanson in September 2022. She is accused of committing unlawful offensive behavior—racial discrimination.

In response to a statement by Ms. Faruqi regarding the passing of Queen Elizabeth II, who labeled the queen as the leader of a “racist empire built on stolen lives, land, and wealth of colonized peoples,” Senator Hanson replied by suggesting that the Greens Senator should “pack [her] bags and piss off back to Pakistan.”

Senator Faruqi is seeking an apology and $150,000 in damages, which will be donated to a charity.

It is anticipated that her legal team will argue that Ms. Hanson made the statement due to her alleged long-standing tendency to make similar racist remarks.

In response, Ms. Hanson’s legal team will dispute that the social media post was motivated by anyone’s race, color, ethnicity, or national origin—which is necessary for it to be deemed racist—and will argue for freedom of political speech.

Testimony on ‘Feelings’ Will Be Allowed

In March, Justice Angus Stewart rejected an attempt by Ms. Hanson’s lawyers to exclude a broad range of evidence proposed by Ms. Faruqi’s legal team.

This evidence includes expert reports on racism and the phrase “go back to where you came from,” as well as proof indicating a pattern of Senator Hanson making racist remarks during her 30-year political career.

Justice Stewart stated in his ruling, “[If] she has a tendency to make public statements because of the race, color or national or ethnic origin of a person or a group of people, or to engage in commentary consistent with holding white supremacist views, it is more likely that she published the tweet in question because of the asserted reason.”

However, he acknowledged that Ms. Hanson’s “It’s OK to be white” Senate motion was protected by parliamentary privilege.

As part of the trial, they will also present statements from nine individuals, collected in response to a survey posted by Ms. Faruqi on X, inquiring how people of color felt about Ms. Hanson’s tweet.

The Greens Senator filed her case under section 18C of the Racial Discrimination Act when Ms. Hanson chose not to participate in a Human Rights Commission complaints process.

Section 18C prohibits behavior that is “reasonably likely” to “offend, insult, humiliate, or intimidate” someone based on their race or ethnicity.

Ms. Hanson is also challenging the constitutionality of section 18C as part of her defense, prompting the attorney general, Mark Dreyfus, to intervene and support part of Ms. Faruqi’s case against that claim.

Both senators are expected to provide testimony during the five-day trial.