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Pauline Hanson takes free speech battle to High Court

One Nation leader Pauline Hanson has announced plans to challenge Australia's racial discrimination laws in the High Court to defend free speech.

Pauline Hanson takes free speech battle to High CourtAAPIMAGE

One Nation leader Pauline Hanson has vowed to challenge Australia's racial discrimination laws in the High Court of Australia to defend free speech.

She announced on Saturday that she will seek special leave to appeal to the country's highest court over section 18C of the Racial Discrimination Act.

The federal legislation addresses racial vilification, making it unlawful to commit an act that is reasonably likely to offend, insult, humiliate or intimidate someone because of their race or ethnicity.

"I'm taking this fight to the High Court for every Australian who feels they are being silenced and to keep their opinions to themselves," Hanson said in a statement.

"Too many Australians are afraid to speak honestly about immigration, race, religion, Indigenous policy and other important issues because they worry they will be called racist, dragged through a complaints process or taken to court," she added.

Pauline Hanson says she will challenge racial discrimination laws in the High Court of Australia

Federal Court ruling and Faruqi appeal

Hanson's legal move comes just under a month after she lost an appeal against a court ruling that found she made a racist remark about Australian Greens deputy leader Mehreen Faruqi.

In 2024, Justice Angus Stewart of the Federal Court of Australia ruled that Senator Hanson had racially vilified Senator Faruqi by posting on social media platform X telling her to "p*** off back to Pakistan" shortly after the death of Queen Elizabeth II.

Justice Stewart found the comment was "seriously offensive" and represented a "strong form of racism."

Hanson launched an appeal against the decision, with her barrister arguing that while the remarks might not have been pleasant, they did not intimidate people of colour.

The One Nation leader said on Saturday that she is seeking special leave to appeal over section 18C of the Racial Discrimination Act

The Full Court of the Federal Court dismissed Hanson's appeal on July 27, nearly four years after the original social media post sparked controversy.

The Federal Court of Australia is a federal tribunal with jurisdiction over civil cases arising under Commonwealth legislation, including human rights and anti-discrimination laws.

Arguments for High Court appeal

In her statement posted to social media on Saturday, Hanson said she is taking her case to the High Court because she believes Australians "should be able to disagree with each other."

"They should be able to argue. They should be able to say things other people don't like," Hanson said. "Freedom of speech means nothing if it only protects words everyone agrees with."

Hanson's statement on Saturday did not explicitly mention her unsuccessful court appeal regarding Senator Faruqi.

It comes just under a month since Hanson lost an appeal against a court ruling that found she made a racist remark about Greens deputy leader Mehreen Faruqi (pictured)

However, following the July decision, Hanson confirmed that she and her legal team would review the judgment "with a view to commencing an appeal in the High Court of Australia."

At the time, Hanson claimed that free speech is being stifled across Australia.

"We all need to have the courage, and the freedom, to say what we think on issues that are important to us all," she said following the appeal ruling.

"Some of those views may not be what certain people would like to hear, but that doesn't mean that they are not valid views, and it certainly doesn't mean that people should be prevented from having a voice on topics which are critical to our country's future," Hanson added.

Dispute over Queen Elizabeth post and Senate stunts

Hanson explained her reaction to Senator Faruqi's post following the monarch's death in September 2022.

"I was incensed by the incredible disrespect that I felt was shown to our late Queen on the day of her death by Senator Fahruqi and others. I simply wanted to call that out," Hanson said.

"If people in Australia are scared or forbidden to freely express themselves, then those values are eroded. I am here to fight for all Australians to ensure that such a dark day never comes."

The social media stoush is not the only time the two politicians have clashed in Parliament.

Senator Faruqi accused Hanson of blatant racism and Islamophobia when the One Nation leader wore a burqa into Parliament, just days after their appeal hearing in November.

It marked the second time Hanson had worn a burqa inside Parliament as part of a political stunt.

Pauline Hanson is the founder and leader of One Nation, a right-wing populist political party, and serves as a senator representing Queensland. Mehreen Faruqi is a senator for New South Wales and deputy leader of the Australian Greens.

The High Court of Australia is the supreme judicial authority in Australia and the final court of appeal, requiring litigants to obtain special leave before an appeal can proceed.

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