Pauline Hanson High Court appeal section 18C freedom of speech, Digi Mart USA News (Australia): The High Court of Australia has agreed to hear an appeal by Senator Pauline Hanson against a finding that she breached section 18C of the Racial Discrimination Act 1975 by publishing a tweet about Greens Senator Mehreen Faruqi. The hearing is likely to take place early next year, according to a publisher article by Anne Twomey published on The Conversation.
The dispute began after Faruqi posted a tweet following the death of Queen Elizabeth II in September 2022, stating she could not mourn the leader of a racist empire. Hanson replied that the post appalled and disgusted her and made remarks telling Faruqi to leave Australia.
Faruqi complained to the Human Rights Commission, and Hanson declined to take part in conciliation.
Faruqi then took the matter to the Federal Court. Justice Angus Stewart found that Hanson’s conduct was unlawful under section 18C and ordered the tweet deleted and Hanson to pay Faruqi’s legal costs.
The full Federal Court upheld that decision on appeal, and the High Court has now agreed to hear a final appeal.
The case will address two constitutional questions: whether the Commonwealth had power to enact section 18C, and whether the section breaches the implied freedom of political communication. The analysis notes that section 18C covers conduct that offends or insults as well as more serious conduct, whereas the relevant treaty provisions focus on incitement to hatred, discrimination or violence.
The outcome may have wider implications for other laws, including those banning hate groups, restricting protests and banning political slogans. The article also notes the separate challenge Ismail v Queensland concerning certain political slogans in Queensland.
