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she followed Senator Faruqi's Twitter account, that she was familiar with the sort of tweets that Senator Faruqi posted, that she knew that Senator Faruqi frequently made "inflammatory and provocative statements about her beliefs" and that her staff immediately reported Senator Faruqi's 9 September 2022 tweet to her, it beggars belief that she did not know that Senator Faruqi is Muslim.

214 Scores of media articles were tendered to show that it was widely and regularly reported in the media before 9 September 2022 that Senator Faruqi is Muslim. Some of those articles prominently cover the publication of Senator Faruqi's autobiography or memoir, Too Migrant, Too Muslim, Too Loud (Allen & Unwin, 2021). Recordings of two podcasts, one with Cory Bernardi and Paul Murray in July 2020 and one with Alan Jones in August 2022, were also tendered. During Senator Hanson's participation in the podcasts, which is to say in her presence, the other participants referred to Senator Faruqi being Muslim.

215 Again, it is possible that Senator Hanson did not see those media articles or did not hear her podcast co-participants referring to Senator Faruqi as Muslim, but the probabilities are overwhelmingly against that. That is particularly so in the context of Senator Hanson's recurring focus in her public statements about the dangers to society presented by Muslims entering public life in Australia, and her support for a total ban on Muslim immigration. Senator Hanson has shown a keen concern over a long time about Muslims in public office. She had also been a Senate colleague of Senator Faruqi for more than four years (there are only 76 Senators), and she knew that Senator Faruqi was from Pakistan (she said as much in the tweet). How then could she not have known that one of her Senate colleagues with a loud and proud Muslim identity is Muslim? The answer is that she must have known.

216 It is submitted on behalf of Senator Hanson that the evidence referred to above with regard to the tweets, podcasts and other media identifying Senator Faruqi as Muslim do not establish that on 9 September 2022 Senator Hanson knew that Senator Faruqi is Muslim. That is principally on the basis that it is not established that Senator Hanson read, heard or absorbed the relevant information. Support for that is derived from Senator Hanson's evidence in cross-examination that she does not have Twitter on her phone or her computer, she does "not really" look at and read what her followers say in tweets, and that she does not follow tweets (T164:12-35). She said that one of her staff had authority to publish tweets in her name, explaining "because I'm a paper girl, okay? Not technology" (T163:22-24).


Faruqi v Hanson [2024] FCA 1264
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