One Nation leader Pauline Hanson will take her long-running legal dispute with Greens senator Mehreen Faruqi to Australia’s High Court after being granted special leave to appeal.
The case centres on a social media post Hanson made in 2022 in response to comments by Faruqi following the death of Queen Elizabeth II.
A Federal Court previously found that Hanson’s post breached the Racial Discrimination Act. The decision was later upheld by a three-judge Federal Court appeal panel.
Hanson has argued that the case raises wider questions about political communication and freedom of expression.
The High Court will now consider whether Hanson’s post breached Australia’s racial discrimination laws and whether the Federal Court decisions placed an unlawful restriction on the implied freedom of political communication.
Faruqi welcomed the decision to allow the appeal, saying she intended to continue defending protections against racism and vilification.
The dispute has attracted attention because it sits at the intersection of Australia’s anti-discrimination laws and the constitutional principles surrounding political speech.
The Federal Court proceedings began after Hanson responded to Faruqi’s criticism of the British Empire following Queen Elizabeth II’s death.
In the earlier judgment, the court rejected Hanson’s argument that the post should be treated as fair comment. The court found that the message amounted to a personal attack and breached section 18C of the Racial Discrimination Act.
The High Court’s decision to hear the appeal does not itself determine whether Hanson will ultimately succeed.
The case will instead give Australia’s highest court an opportunity to consider the legal boundaries surrounding political expression and racial vilification.
The outcome could have implications beyond the dispute between the two politicians, particularly for how Australian law balances freedom of political communication with protections against racial discrimination.
Hanson has welcomed the opportunity to take the matter to the nation’s highest court, while Faruqi has indicated that she will continue to challenge what she regards as racist political speech.
The case is expected to remain closely watched as the High Court considers the arguments from both sides.
