'Win for all' as Hanson loses appeal over racist tweet

In his Federal Court decision handed down in 2024, Justice Angus Stewart ruled the post was "seriously offensive" and a "strong form of racism". 

Senator Hanson's appeal against the finding was dismissed by the Full Court of the Federal Court on Monday, nearly four years after the social media post that landed the firebrand politician in hot water. 

"Hate speech is not free speech and the Federal Court has reaffirmed that today," an emotional Senator Faruqi declared outside the court. 

"This is about saying to Pauline Hanson, that you will be held accountable for the ... vile racism that you spout."

The Greens senator said she had always stood up to bullies and would continue to do so as racism continues to become more prevalent. 

Hordes of people over the years had approached the senator to tell her how much the case meant to them, she said.

"Today is a win for every single person who has been told to sit down, to shut up, and to just be grateful for being in this country," Senator Faruqi said. 

"This is a win for all of us in this country."

Senator Hanson, who was not present in court, has said she was disappointed with the decision and was considering lodging a final appeal in the High Court. 

"Public discussion in Australia has become almost totally silenced by laws and rules which prevent ordinary people expressing their personal views in case some small part of our society takes some sort of offence or feels hurt or 'distressed'," she wrote in a statement.

"This has never been, nor ever should be, the Australian way."

But the Full Court noted the free flow of ideas can actually be enhanced by restricting the use of insulting, offensive or intimidating language because it tends to silence the voices of those who feel those effects.

"Accepting that freedom of political communication must allow room for insult and invective, it does not follow that any limit on those features is invalid," the panel of judges wrote. 

They unanimously dismissed the appeal, with Senator Faruqi pushing to have her legal bill covered by her right-wing rival. 

Senator Hanson has 28 days to lodge an appeal with the country's highest court, but her Greens colleague is confident about her chances.

"I will keep fighting until everyone in this country is treated fairly, equally, and with justice," Senator Faruqi said. 

"If she wants to be racist and defend herself for being a racist in the in the High Court, then bring it on."

The lawsuit was sparked when she posted on X, formerly Twitter, on the day of the Queen's death to offer her condolences to those who knew the monarch. 

But she added she could not mourn the passing of the leader of a "racist empire built on stolen lives, land and wealth of colonised peoples".

In a heated retort, Senator Hanson said she was appalled and disgusted by the comments.

"When you immigrated to Australia you took every advantage of this country," she wrote.

"It's clear you're not happy, so pack your bags and piss off back to Pakistan."

The remark is "the ultimate racist slur", Senator Faruqi noted after her victory.