High Court Hears Hanson Racial Vilification Appeal

The High Court has granted One Nation leader Pauline Hanson special leave to appeal a Federal Court ruling over a 2022 social media comment about Greens senator Mehreen Faruqi.

Updated on Nov. 5, 2026 in Law

High Court Hears Hanson Racial Vilification Appeal

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The High Court of Australia has granted special leave for One Nation leader Pauline Hanson to appeal a Federal Court decision that found her 2022 social media comment breached Section 18C of the Racial Discrimination Act. The comment told Greens senator Mehreen Faruqi to "piss off back to Pakistan".

Why it matters

The appeal will test how the Racial Discrimination Act's prohibition on offensive conduct based on race balances against freedom of speech and the constitutional protection of political communication. The outcome could shape how Section 18C applies to political commentary in Australia.

The High Court granted special leave on Thursday, meaning it will hear Hanson's challenge to the Federal Court finding under Section 18C. No hearing date or timeline for a final decision has been reported.

The players

Pauline Hanson

Pauline Hanson is the leader of the One Nation party and a long-serving figure in Australian federal politics, known for her controversial public statements on immigration and race.

Mehreen Faruqi

Mehreen Faruqi is a Greens senator for New South Wales and a prominent advocate on multicultural and human rights issues in the Australian Senate.

The details

Hanson posted a comment in 2022 telling Faruqi to return to Pakistan, and the Federal Court later found the remark breached Section 18C. Hanson has welcomed the High Court's decision to hear her appeal and will argue the case on freedom of speech grounds.

2022: Hanson posts the social media comment directed at Faruqi.
Thursday: The High Court grants special leave to appeal the Federal Court decision.

Political Context

The case extends the long-running debate over Section 18C, which has been contested since the 2016 Bolt case over offensive commentary. Hanson's appeal asks the High Court to weigh that provision against the implied freedom of political communication in the Australian Constitution.

The outcome could change how offensive or race-based comments by public figures are treated under federal law, affecting what political commentary is permitted. Until the High Court rules, the Federal Court finding against Hanson remains the current position.

The takeaway

The High Court's decision to hear the appeal means the limits of Section 18C in political debate will be clarified at the highest level. Readers following the case should watch for the hearing date and the court's reasoning on free speech.