'Deeply offensive': Mehreen Faruqi hits out at Pauline Hanson's landmark defence

One Nation leader Pauline Hanson will argue a section of the Racial Discrimination Act is unconstitutional in her legal defence against Mehreen Faruqi — a move the Greens senator says is "deeply offensive".

Senator Pauline Hanson (right) will claim Section 18C of the Racial Discrimination Act is unconstitutional as she defends herself against Senator Mehreen Faruqi's lawsuit. Source: AAP

KEY POINTS:

• Senator Pauline Hanson has revealed her defence against Senator Mehreen Faruqi's legal suit.
• The One Nation leader will argue Section 18C of the Racial Discrimination Act is unconstitutional.
• Senator Hanson told Senator Faruqi to "piss off back to Pakistan" in a tweet.

One Nation leader Pauline Hanson will attempt to have Australia's racial discrimination laws restricted in her defence against Greens senator Mehreen Faruqi over an inflammatory tweet.

Senator Faruqi is suing Senator Hanson for unlawful offensive behaviour, under the Racial Discrimination Act, over a tweet telling the Greens deputy leader to "piss off back to Pakistan".

The tweet from Senator Pauline Hanson was in response to comments made by the Greens deputy leader following the death of Queen Elizabeth II in September.

Senator Hanson has hired prominent lawyer Sue Chrysanthou SC and constitutional law expert Bret Walker SC.

Prominent barrister Sue Chrysanthou SC will defend Senator Pauline Hanson. Source: AAP

In documents filed in the Federal Court, Senator Hanson's lawyers argue her tweet was reasonable and made in good faith as she believed it was true and was using her public profile to voice her opinion.

The documents also question the validity of sections 18C and 18D of the Racial Discrimination Act, which makes it unlawful to offend, insult, humiliate or intimidate someone because of their race or ethnicity.

Senator Hanson's legal team argue the sections of the Act "infringe the implied freedom of political communication in the Constitution" and, therefore, Senator Faruqi's claims are invalid.

Senator Faruqi said the One Nation leader's defence is "deeply offensive", and she is determined to defeat it.

"Senator Hanson is attempting to remove racial discrimination protections to allow people to spew forth racism and hate speech under the guise of free speech, and I'll fight her tooth and nail on that," Senator Faruqi said.

"Section 18C of the Racial Discrimination Act is a vital shield from hate and vilification in this multicultural nation, and people of colour should not shy away from using it."

Senator Faruqi's solicitor, Michael Bradley of Marque Lawyers, said the Racial Discrimination Act outlaws racist hate speech in very limited circumstances with a lot of guardrails designed to ensure that there is ample room allowed for the exercise of free speech by people acting in good faith. 

"Most of us understand that a decent society necessitates some outer boundaries on free speech," he said.

"If Senator Hanson wishes to argue that the Constitution removes the boundaries and guarantees a right to publicly vilify people because of their race, then we look forward to having that fight."

Senator Hanson was approached for comment but did not provide one in time for publication.