Greens senator Mehreen Faruqi sues Pauline Hanson over offensive tweet
A lawsuit against One Nation leader Pauline Hanson will centre on five key words, with the senator ready to take her fight to the nation’s highest court.
An offensive tweet by Pauline Hanson condemning a Muslim senator echoed a racist history of telling migrant peoples to “go back home”, a court has been told.
The One Nation founder told Green’s senator Mehreen Faruqi to “p*** off back to Pakistan” after a blow-up on Twitter following the death of Queen Elizabeth II.
Faruqi demanded Hanson fork out $150,000 to charity and to tweet that she used offensive language, before launching legal action at the Federal Court of Australia last month.
At a readiness hearing on Thursday, Melbourne-based Jessie Taylor claimed Hanson’s tweet vilified not only the NSW senator but a large swath of the Australian population.
“The effect of the action taken by Ms Hanson in the tweet is greater than just Dr Faruqi, and in effect does humiliate and offend other people,” Ms Taylor said.
“That includes people of colour, people of a migrant background, or people who might be perceived by their colour to be from migrant background.”
Ms Taylor said she did not intend to turn the lawsuit into a “royal commission on racism”, and would be relying in court on expert witnesses and people of colour.
“We will be effectively putting to the court that the phrase ‘p*** off back to Pakistan’ is a variation of the phrase ‘go back where you came from’,” she said.
“That is a phrase with a rich and harmful history as a racist epitaph. There is copious evidence of its deployment in a way that its effects are demonstrably harmful and racist.”
The flare-up online began on September 9 – the day of the Queen’s death – when Faruqi tweeted: “I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples.”
Hanson quote-tweeted the post, replying: “Your attitude appals 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 p*** off back to Pakistan.”
Barrister Sue Chrysanthou on Thursday denied Ms Hanson had published the tweet on the basis of “race, colour, or ethnic background”, and raised Faruqi’s own past comments.
“This was a topical exchange between two senators which related to the death of the Queen,” she said.
“It may well be part of our case that Senator Faruqi is known to use epithets herself.
“Her state of mind, in how she expresses herself, could be wrong.”
Ms Chrysanthou told the court it would be difficult for Ms Taylor to prove Ms Hanson’s tweet had caused “humiliation” and “intimidation” to such a large group of people.
“Ms Taylor identified potentially 51 per cent of the population, rather than a specific group,” she said.
“We are also likely to oppose so-called expert witnesses in that it is not a recognised area of expertise.
“Spending money on two witnesses who do not sound useful would be disappointing.”
Judge Angus Stewart hit back at that claim, stating the phrase used could need contextualising.
“It did strike me that some psychological area of expertise may well be appropriate given the well known history of use of the notion ‘go back to where you came from’, he said.
“A particular epithet on its own and out of context may have no meaning, so it may need evidence about the history of that word and about the context and the circumstances it was used.”
Ms Chrysanthou said she would also consider raising the case to the High Court of Australia, given “substantial history” in regards to implied freedoms of speech.
In the days after the tweet, The Greens moved to censure Hanson in parliament.
The motion was instead watered down by Labor and the Coalition to a general call for respectful debate.
Speaking on the motion, Ms Hanson said she would “take (Faruqi) to the airport”.
Faruqi also lodged a complaint with the Australian Human Rights Commission which was later dismissed.
With a legal battle looming, Hanson announced last-month she would be selling sweaters to fund her defence.
The “exclusive hand-knit collection” are currently is currently being sold on the One Nation party website after an email was circulated to the party’s supporters.
“The Greens are taking me to court because they want to bankrupt me and kick me out of parliament,” the email from Senator Hanson stated.
Each sweater was knitted over a period of about 60 hours by Hanson herself, according to the website.
The One Nation leader modelled the seven colour varieties for the site, including red and purple sweaters.
The legal action comes amid a renewed focus on racism in Australian politics, including The Greens party.
Faruqi told reporters on Wednesday she “experienced racism” in The Greens Party.
It comes after former Greens senator Lidia Thorpe announced she would take the party to the Australian Human Rights Commission over allegations she experienced racism.