The Greens senator Mehreen Faruqi will be able to use statements from X users on how a tweet by Pauline Hanson made them feel, as well as examples of alleged racially charged statements from Hanson’s 30-year political career, in her racial vilification case against the One Nation leader.
Faruqi lodged a racial vilification case against Hanson last May after the One Nation founder told the Greens senator to “pack [her] bags and piss off back to Pakistan” in a tweet in response to Faruqi’s thoughts on the death of Queen Elizabeth II.
Hanson is defending the racial vilification claim and has argued freedom of political speech.
After Hanson declined to participate in a Human Rights Commission complaints process, Faruqi lodged her 18C case in the federal court, arguing Hanson had a long history of engaging in racist views.
As part of the evidence submitted by her legal representation, Marque Lawyers, Faruqi included statements from nine people who responded to an X survey Faruqi issued, asking people of colour how Hanson’s tweet had made them feel.
Sue Chrysanthou, who is representing Hanson, had tried to have the statements thrown out, arguing they were irrelevant, but Justice Angus Stewart ruled the autobiographical affidavits can remain.
Stewart also ruled that, in making her case, Faruqi can rely on evidence from racism experts on the impacts of racist statements and Hanson’s historical statements, although he agreed that Hanson’s “it’s OK to be white” Senate motion was protected under parliamentary privilege.
However, statements Hanson made about the motion outside parliament are able to be used as part of Faruqi’s case.
Faruqi’s lawyer, Michael Bradley, said his client’s case was “groundbreaking”.
“It is critical that the court is prepared to conduct a wide-ranging inquiry, informed by appropriate evidence. Because of the court’s ruling today, we are confident that this is what will happen.”
Hanson is also challenging the constitutional validly of section 18C as part of her defence, which has prompted the attorney general, Mark Dreyfus, to intervene and join part of Faruqi’s case to oppose that claim.
Section 18C of the Racial Discrimination Act makes it illegal for someone to act in a way that is “reasonably likely” to “offend, insult, humiliate or intimidate” someone because of their race or ethnicity.
Stewart ruled that Hanson’s history would be relevant in an 18C case. The judge-only case will begin in the federal court next month.
Faruqi wants an apology from Hanson and a $150,000 donation to charity.
Hanson declined to comment on the evidence ruling.
