The Australian Federal Court upheld a ruling that Pauline Hanson breached the Racial Discrimination Act by tweeting ‘piss off back to Pakistan’ at Greens senator Mehreen Faruqi on the day Queen Elizabeth II died, finding the remark a harmful, race-based personal attack.

Context shows Faruqi’s condolences on Elizabeth II’s death and Hanson’s long history of anti-Muslim statements and immigration stances, including past calls for a Muslim ban and links to White Australia policy discourse.

The dispute began when Faruqi commented on the Queen’s death in September 2022 and Hanson’s reply attacked Faruqi’s background, with the court ruling that it constituted a racist, personal attack likely to offend and humiliate.

Hanson’s lawyers argued the comment wasn’t racist and could fall under a public-interest exemption, but the court rejected this interpretation and deemed the attack outside any exemption.

Faruqi hailed the decision as landmark, stressing its potential to deter racism and protect individuals from discriminatory online conduct.

Hanson’s appeal, on the grounds of protecting political communication, was rejected, leaving intact the verdict that the tweet was unlawful conduct under section 18C.

Justice Melissa Perry dismissed the appeal, confirming the tweet offended, insulted, humiliated, or intimidated because of race, colour, or national/ethnic origin.

Hanson did not attend the judgment, which confirmed the decision as a test case under Australia’s racial discrimination laws.

The ruling centers on section 18C of the Racial Discrimination Act, which prohibits conduct likely to offend, insult, humiliate, or intimidate someone based on race or ethnicity.

Faruqi’s filing under section 18C argued the comment was likely to offend and humiliate due to race; the court found it unlawful and reasonably likely to cause substantial offense.

The case examined whether Faruqi’s claim and Hanson’s tweet violated section 18C and whether the decision implicates the implied freedom of political communication.

Faruqi, Greens deputy leader, framed the case as accountability for racism and welcomed the win as protecting belonging in Australia from discriminatory rhetoric.