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Speaker 1: Already and this is this is the daily This is

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Speaker 1: the Daily OS.

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Speaker 2: Oh, now it makes sense.

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Speaker 1: Good morning and welcome to the Daily OS. It's Monday,

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Speaker 1: the fourth of November.

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Speaker 2: I'm Zara, I'm Sam.

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Speaker 1: Late last week, One Nation Senator Pauline Hanson lost a

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Speaker 1: hate speech case brought against her by Green Senator Marine

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Speaker 1: Ferruki that was over a social media post from twenty

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Speaker 1: twenty two. The post was in response to Senator Ferruki's

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Speaker 1: criticism of the monarchy in light of Queen Elizabeth the

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Speaker 1: Second's death.

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Speaker 3: Today's ruling tells us they're telling someone to go back

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Speaker 3: to where they came from. Is a strong form of racism.

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Speaker 1: In today's deep dive, we'll explain the case and what

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Speaker 1: the judgment means more broadly. The first save what's making headlines.

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Speaker 2: Over the weekend, the federal Labor government announced plans to

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Speaker 2: take twenty percent of all student debts. It also plans

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Speaker 2: to increase the minimum salary and individual needs to earn

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Speaker 2: before they start making repayments to their loan. It's all

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Speaker 2: part of a suite of proposed reforms to the student

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Speaker 2: debt system that the government says it will introduce if

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Speaker 2: it's elected for a second term. Announcing the proposal, Prime

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Speaker 2: Minister Anthony Abernezi said, we will make it easier for

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Speaker 2: young Australians to save in the future and we are

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Speaker 2: going to make the system better and fairer as well.

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Speaker 2: The next federal election is due to be held by

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Speaker 2: May next year.

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Speaker 1: Tasmanian art and music festival Dark Mofo will return in

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Speaker 1: full next year after a strip back program this past June.

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Speaker 1: The winter festival, which features live music, food and art installations,

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Speaker 1: attracts thousands of visitors to Hobart during the off season.

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Speaker 1: Last year, organizers said they needed to consider changing conditions

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Speaker 1: and rising costs in order to reset the festival for

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Speaker 1: the future. Next year's festival will run from the fifth

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Speaker 1: of June till the fifteenth, with an extra day on

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Speaker 1: the winter Solstice twenty first of June for the annual

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Speaker 1: nude Swim in the River Derwent.

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Speaker 2: Both Donald Trump and Kamala Harris have held last minute

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Speaker 2: rallies in North Carolina. As the US presidential election enters

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Speaker 2: its last forty eight hours. Both candidates will be focused

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Speaker 2: on the seven battleground states, with rallies planned by both

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Speaker 2: in North Carolina Pennsylvania and Georgia. More than seventy five

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Speaker 2: million Americans have already cast their ballots, with most posters

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Speaker 2: reporting the race is too close to call. At the

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Speaker 2: North Carolina rally yesterday, Donald Trump said election day would

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Speaker 2: be quote liberation Day for his supporters and that America

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Speaker 2: is quote currently occupied by his opponents. Meanwhile, Kamala Harris

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Speaker 2: advocated for quote a new generation of leadership, defending the

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Speaker 2: release of week job figures attributed by the Biden Whitehouse

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Speaker 2: to the recent hurricanes and wildscale strike activity.

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Speaker 1: And today's good news. Biomedical engineers from the University of

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Speaker 1: Melbourne have invented a biopres that can replicate parts of

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Speaker 1: the human body like soft tissue, cartilage and bone. This

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Speaker 1: three D printing development has the potential to reduce the

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Speaker 1: amount of animal testing in drug development. Could also support

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Speaker 1: cancer research and treatment by allowing researchers to test new

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Speaker 1: therapies on printed organs, not on people. Associate Professor David

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Speaker 1: Collins said the technology can accurately represent human tissue, which

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Speaker 1: has been a downfall on previous buyer printers. PhD student

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Speaker 1: Calm Vidler said this invention creates a crucial bridge between

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Speaker 1: lab research and clinical applications. We'll be back with the

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Speaker 1: deep dive after this short break late last week. Senator

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Speaker 1: Pauline Hanson, I'm sure most of our audience is aware

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Speaker 1: of who she is. She's the leader of One Nation

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Speaker 1: and as sitting senator in Federal Parliament, she lost a

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Speaker 1: hate speech case that was brought against her by Green

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Speaker 1: Senator Marine Ferruci over a social media post from twenty

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Speaker 1: twenty two. The Quarters now ordered Pauline Hanson to pay

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Speaker 1: for Ruki legal costs and take down that post.

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Speaker 2: Let's go all the way back, Zara to that initial

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Speaker 2: social media post. What was it about and why did

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Speaker 2: it create this two and a half year legal dispute.

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Speaker 1: Yes. So. In a social media post following the death

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Speaker 1: of Queen Elizabeth, which was the course in September of

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Speaker 1: twenty twenty two, Marine Feruki wrote, and I'll just read

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Speaker 1: it out here, condolences to those who mourn the queen.

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Speaker 1: I cannot mourn the leader of a racist empire built

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Speaker 1: on stolen lives, land and wealth of colonized peoples. She

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Speaker 1: called for a treaty with First Nations people, justice and

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Speaker 1: reparations for British colonies. In response, then Pauline Hansen told Faruiki,

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Speaker 1: among other things, to piss off back to Pakistan. And

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Speaker 1: it's that comment that Marine Ferruki said was hate speech

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Speaker 1: and is the reason that this case existed in the

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Speaker 1: first place.

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Speaker 2: So Pauline Hanson replies to this comment on social media

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Speaker 2: with what Marine Ferruki has felt is hate speech. What

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Speaker 2: does Marine Ferruki do with that comment?

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Speaker 1: So shortly after the tweets were posted, Fariki moved what's

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Speaker 1: called the censure motion in the Senate, and that is

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Speaker 1: just a formal statement of disapproval of a federal politicians'

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Speaker 1: actions and policies. Now, you've got to remember, both of

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Speaker 1: these key figures in the story both sit together in

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Speaker 1: the Senate and on the crossbench because they both come

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Speaker 1: from minor parties, so they are colleagues. But this obviously

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Speaker 1: happened in the online world, not in physical form.

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Speaker 2: And when you get censured in the Senate, you don't

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Speaker 2: have to lose your position, you know. There it's just

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Speaker 2: the kind of slap on the risk.

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Speaker 1: Exactly, and there are no legal consequences. It essentially doesn't

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Speaker 1: hold a lot of weight. But Fariki urged her fellow

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Speaker 1: senators to condemn Hanson's what she called divisive, anti migrant

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Speaker 1: and racist statement, which she said unleashed an avalanche of hate. Instead,

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Speaker 1: Labor and Coalition senators passed the general Motion condemning racism

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Speaker 1: and discrimination in all its forms. It was from there

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Speaker 1: that Fariki moved to logic complaint with the Australian Human

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Speaker 1: Rights Commission. But then paul Hanson refused to participate in

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Speaker 1: an investigation there, and so Marine Ferruchi at that point

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Speaker 1: turned to legal action and turned to legal avenues where

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Speaker 1: other ones had failed. The grounds for the legal action

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Speaker 1: that Fruki brought was that she said that Pauline Hanson

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Speaker 1: engaged in unlawful, offensive behavior that was in breach of

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Speaker 1: the racial discrimination laws that we have in this country.

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Speaker 1: She also provided an expert analysis of social media user's

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Speaker 1: response to Hanson's post, and that really interesting. Yeah, I mean,

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Speaker 1: like that was at the heart of it. It wasn't

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Speaker 1: just the statement itself, but the fallout and what it

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Speaker 1: incited that was really interrogated and investigated as part of

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Speaker 1: the case.

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Speaker 2: And so that was the case that was heard earlier

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Speaker 2: this year. Marine Ferruchi and her legal representatives got up

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Speaker 2: and said this was in breach of the Racial Discrimination

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Speaker 2: YEP legal framework. What did Hanson kind of lean into

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Speaker 2: in the case.

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Speaker 1: So, Pauline Hansen argued she was making fair comment on

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Speaker 1: a matter of public interest. So there she's talking about

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Speaker 1: the monarchy of First Nations Treaty and Raelian Republican attitudes,

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Speaker 1: so that is to leave the monarchy. She also tried

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Speaker 1: to argue that her post was protected by an implied

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Speaker 1: but not an expressly stated constitutional right of political communication.

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Speaker 1: It's a bit jagony, but essentially she was relying there

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Speaker 1: on this idea of free speech. And lastly, Hanson's lawyers

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Speaker 1: also argued that she wasn't aware that Marine Ferruki was

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Speaker 1: Muslim when she made the comments that she made.

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Speaker 2: And so part of that last argument is Hanson trying

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Speaker 2: to tell the court that there was an intense behind that.

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Speaker 2: And a big part of the Racial Discrimination Act is

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Speaker 2: you intend to cause harm exactly. So that was what

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Speaker 2: Hanson argued. And the reason you and I are talking

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Speaker 2: about it today is because the judge handed a decision

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Speaker 2: down on Friday. What did they find?

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Speaker 1: So Justice Angus Stewart rejected all of Pauline Hanson's arguments

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Speaker 1: and concluded that her post was racist, anti immigrant, and

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Speaker 1: anti Muslim, and ultimately ruled that she had racially vilified

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Speaker 1: Marine Ferruki. He noted Hanson's tendency to make quote racist

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Speaker 1: and his homophobic comments in the past. He said that

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Speaker 1: the post was reasonably likely, and that's the thresholds that

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Speaker 1: we're talking about, to have been profoundly and seriously offensive, insulting,

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Speaker 1: humiliating and intimidating to the reasonable targeted person in the

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Speaker 1: position of Senator Faruki, as well as to the people

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Speaker 1: of color who are migrants to Australia or are Australians

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Speaker 1: of relatively recent migrant heritage, and Muslims who are people

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Speaker 1: of color in Australia. So very broad there exactly, and

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Speaker 1: the judge there is showing the flow on effects of

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Speaker 1: what he deemed hate speech. He also said that Hanson's

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Speaker 1: position as a senator was relevant, so the power that

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Speaker 1: she has as a senator was relevant because it encourage

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Speaker 1: others online with less power and status to publish the

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Speaker 1: same sort of messages or worse.

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Speaker 2: What an interesting reasoning from the judge there that you know,

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Speaker 2: this is not just somebody else tweeting, This is somebody

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Speaker 2: in the position of power.

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Speaker 1: Well, it goes to what we were talking about before,

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Speaker 1: of Marine Fuki bringing up social media specialists who could

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Speaker 1: look at what one person's tweet had unleashed online and

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Speaker 1: the power that that one person and the influence that

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Speaker 1: one person who is a senator in Australian Parliament. What

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Speaker 1: that leads to.

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Speaker 2: It's an interesting one as well with senators because there's

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Speaker 2: parliamentary privilege, so they can kind of say what they

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Speaker 2: want inside the chamber.

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Speaker 1: But that absolutely doesn't stand online.

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Speaker 2: Really interesting. So the judge found in Marine Ferruki's favor.

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Speaker 2: What was her reaction after the decision was handed down.

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Speaker 1: Well, outside court, Marine Ferruki said that the ruling was

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Speaker 1: historic and groundbreaking. She said, today's judgment is a win

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Speaker 1: for every person who has been told to go back

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Speaker 1: to where they came from. Here's a bit more about

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Speaker 1: what she said.

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Speaker 3: And it is also an affirmation for migrants that people

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Speaker 3: of color do not have to be grateful or to

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Speaker 3: keep quiet. And I will be speaking out more loudly

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Speaker 3: and more strongly than ever before.

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Speaker 1: Ferruki, also here talking directly about Pauline Hanson, said it's

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Speaker 1: time the senator faced consequences for the racism. She's been

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Speaker 1: piling on Muslims, people of color, and First Nations people

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Speaker 1: for more than thirty years.

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Speaker 2: It's really important to mention that this is not now

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Speaker 2: moving on to a sentencing where Pauline Hanson goes to

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Speaker 2: jail for any of this. What does happen next?

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Speaker 1: So the court's ordered, as I said at the top,

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Speaker 1: Hanson to pay for Ruki's legal fees and to remove

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Speaker 1: the original post. So she has seven days I understand,

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Speaker 1: to delete that original post. Farruki had initially requested Hanson

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Speaker 1: pay a sum of money to charity, but the judge

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Speaker 1: didn't include that in his final order. Hanson has confirmed

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Speaker 1: that she will appeal the decision, and she said that

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Speaker 1: the decision was deeply disappointing. She claims that section eighteen

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Speaker 1: C of the Racial Discrimination Act, which is what this

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Speaker 1: whole case hinges on, is that that impinges on freedom

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Speaker 1: of political expression. So we can get a sense of

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Speaker 1: what any appeal lodged by Pauline Hanson will look like

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Speaker 1: in future.

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Speaker 2: And because of how common, complex and politically loaded this

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Speaker 2: conversation would be, these appeals could take a long time,

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Speaker 2: keep climbing up the chain all the way to the

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Speaker 2: High Court, Zara, thank you so much for that brief

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Speaker 2: on this case, and thank you for joining us on

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Speaker 2: the Daily ODS this morning. A big, big week of

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Speaker 2: news ahead for all of us. The US Selection is

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Speaker 2: taking place on Wednesday, Australia time, and TDA will be

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Speaker 2: here to take you through what you need to know

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Speaker 2: on the major decisions being made by the US public.

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Speaker 2: If you want to keep track of everything, make sure

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Speaker 2: you're following us on Instagram and signed up to our

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Speaker 2: newsletter as well. We'll speak to you again tomorrow morning.

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Speaker 2: Until then, have a good day.

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Speaker 3: My name is Lily Maddon and I'm a proud Arunda

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Speaker 3: Bunjelung Kalkotin woman from Gadigol Country. The Daily os acknowledges

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Speaker 3: that this podcast is recorded on the lands of the

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Speaker 3: Gadighl people and pays respect to all Aboriginal and Torres

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Speaker 3: Strait Island and nations. We pay our respects to the

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Speaker 3: first peoples of these countries, both past and present.