Page:Faruqi v Hanson (2024, FCA).pdf/6

ORDERS

NSD 372 of 2023

BETWEEN:	MEHREEN FARUQI Applicant
AND:	PAULINE HANSON Respondent ATTORNEY-GENERAL OF THE COMMONWEALTH Intervener
ORDER MADE BY:	STEWART J
DATE OF ORDER:	1 November 2024

THE COURT DECLARES THAT:

1. The conduct of the respondent in publishing a tweet on the messaging platform then known as Twitter under the handle @PaulineHansonOz at 4.05pm on 9 September 2022 in terms that included telling the applicant to "piss off back to Pakistan":

(a) is unlawful under s 18C of the Racial Discrimination Act 1975 (Cth) in that it:

(i) was reasonably likely in all the circumstances to offend, insult, humiliate and intimidate the applicant and groups of people, namely people of colour who are migrants to Australia or are Australians of relatively recent migrant heritage and Muslims who are people of colour in Australia;

(ii) was done by the respondent because of the race, colour or national or ethnic origin of the applicant; and

(b) is not exempted under s 18D(c)(ii) as it was not done reasonably and in good faith as a fair comment on a matter of public interest.

THE COURT ORDERS THAT:

1. Within seven days of these orders, the respondent cause the tweet identified in the declaration in paragraph 1 above to be deleted from her Twitter (now X) profile under the handle @PaulineHansonOz.

2. The respondent pay the applicant’s costs of the proceeding.

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