Page:Faruqi v Hanson (2024, FCA).pdf/13

denies nearly every aspect of Senator Faruqi's claim. The concise response, in summary, asserts the following:

(1) Of the many attributes of people in the group pleaded by Senator Faruqi, only "persons of colour" is a group protected by s 18C.

(2) Even if Senator Faruqi's claim is otherwise made out, the publication of the tweet was done reasonably and in good faith in making a fair comment on an event and/or matter of public interest that was an expression of a genuine belief held by Senator Hanson within the meaning of s 18D of the RDA.

(3) In the further alternative, ss 18C and 18D of the RDA infringe the implied freedom of political communication in the Constitution and are therefore invalid in whole or in part to the extent of the use of the words "offend" and/or "insult" and/or "humiliate" in s 18C(1)(a).

14 At the end of the hearing, Senator Faruqi sought the following amended relief:

Remedy sought

The Applicant asks the Court for orders:

1. declaring:

a. that the Respondent engaged in conduct by causing to be posted at 4.05pm on 9 September 2022 a tweet under the Twitter handle @PaulineHansonOz (the Conduct);

b. that the conduct contravened s18C(1) of the Racial Discrimination Act 1975 (Cth) and was unlawful in that:

i. it was reasonably likely to offend, insult, humiliate or intimidate the Applicant or a group of people, namely people who have one or more of the following characteristics: migrants (particularly from Pakistan or other Asian Countries), people of colour and Muslims;

ii. the conduct was done because of the race, colour or national or ethnic origin of the Applicant or some of or all of the people in the group;

c. that conduct was not exempted from being unlawful by s 18D of the Racial Discrimination Act 1975 (Cth).

2. restraining the Respondent from using the phrases 'piss off back to Pakistan', 'go back where you came from' or any variation thereof in public;

3. requiring the Respondent to take down her tweet of 4.05pm on 9 September 2022 posted under the Twitter handle @PaulineHansonOz;

4. requiring the Respondent to 'pin' a tweet to her Twitter account with the Twitter handle @PaulineHansonOz for a period of 3 months, stating that she

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