Rita Panahi: Greens senator’s racism spat imperils free speech in Australia

A Greens senator has argued that racist comments against white people aren’t really racist, as she sues over an alleged breach of the Racial Discrimination Act. It’s a case that has huge significance for free speech in this country.

Greens Deputy Leader Mehreen Faruqi was unable or unwilling to answer a simple question this week; are all white people racist?

One would’ve thought the answer to the question posed, more than once, by independent journalist Chris De Bruyne was rather simple.

But the best Senator Faruqi could manage was a “no comment”.

The interaction occurred outside the Federal Court in Sydney in which Senator Faruqi is suing Senator Pauline Hanson over a remark made on X, formerly Twitter, alleging a breach of section 18C of the Racial Discrimination Act which makes it unlawful to offend, insult, humiliate, or intimidate someone with race-based comments.

It’s a case that has huge significance for free speech in this country with some fine legal minds arguing 18C is unconstitutional. It certainly is an odious piece of legislation that is open to abuse.

Who determines what is offensive? And, why should that be something that is unlawful and ends in individuals being dragged into court?

To quote Ricky Gervais, “Just because you’re offended, doesn’t mean you’re right.”

The Greens deputy leader sued Hanson over a comment that Faruqi has labelled “the ultimate racist slur”.

Senator Mehreen Faruqi (in red) leaves the Federal Court in Sydney. Picture: Max Mason-Hubers

The spat began when Faruqi posted this message after Queen Elizabeth’s death: “Condolences to those who knew the Queen. I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples. We are reminded of the urgency of Treaty with First Nations, justice & reparations for British colonies & becoming a republic.”

Senator Hanson responded with this: “Your attitude appalls (sic) and disgusts me. When you immigrated to Australia you took every advantage of this country. You took citizenship, bought multiple homes, and a job in a parliament. It’s clear you’re not happy, so pack your bags and piss off back to Pakistan. – PH”.

In her affidavit, Senator Faruqi claimed that she is “marginalised” in parliament and “made to feel so small” sitting alongside Hanson.

“There are days where I will spend hours in the chamber in Canberra with this aggressor sitting right across the room from me. It’s difficult for me to go in there every day, to sit there and do my job,” Senator Faruqi said in the document.

“I have a physiological reaction to going into the chamber to sit in close proximity to someone who has caused so much upheaval and distress in my life.”

In court this week, Faruqi argued that racist comments against white people aren’t really racist.

“It is tied to who holds the power and who has the authority to perpetrate racism and oppress people … And, in this country, the power of that is held by white people,” Faruqi said.

It appears Senator Faruqi can dish it out, but not take it.

Pauline Hanson responded to Ms Faruqi’s X post about Queen Elizabeth’s death. Picture: Nikki Short

She would’ve known perfectly well her post was wildly offensive to many Australians, and was going to inspire a robust response on social media.

Senator Hanson maintains that her comments were not racially motivated, that she has publicly told white men to go back to where they came from, and that she was defending an institution that Faruqi had decided to attack as “racist”.

“The Queen was the only monarch of Australia during my life. Like many Australians, I saw her as a sign of constancy,” Senator Hanson said in her affidavit.

“Senator Faruqi did not even have the respect to wait a day before viciously insulting her.”

And, it’s a matter of public record that back in 2018, Hanson on national television told then Senator Derryn Hinch to go back to New Zealand.

Hanson’s legal team, which includes Bret Walker and Sue Chrysanthou, have argued her comments fall within a legal exemption that allows ‘fair comment’ on matters of public interest but there is also a question of whether 18C is unconstitutional.

In their closing submission, Hanson’s team argued that her “tweet was not reasonably likely to have a sufficiently serious impact on the group or groups of people identified by the applicant” partly because it was “obviously directed at the applicant (Faruqi), on the basis of her own tweet, and would have been so understood”.

Tony Abbott had a mandate to repeal Section 18C in 2013 but, thanks to the cancerous moderates within the Liberal Party threatening to cross the floor, he dumped the planned changes in 2014.

He has since said the failure to amend the Racial Discrimination Act was among the biggest mistakes of his time in office.

It’s time for Peter Dutton’s Liberals to put free speech back on the agenda.