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If the PM Doesn’t Understand Her ‘Hate Speech’ Law, How Are Kiwis Supposed To?

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Dr David Cumin
Spokesperson
Free Speech Union


The more that our elected lawmakers talk about the proposed “hate speech” laws, the more concerned I become. And the more I want them to talk about it to highlight the folly of their scheme.

On Sunday our Minister of Justice, Kris Faafoi, gave an interview in which he couldn’t say that millennials wouldn’t risk 3 years in jail if they blamed boomers for not being able to afford a house.

Tova O’Brien asked him about other examples – like if Israel Folau could be imprisoned for stating his belief that homosexuals are going to hell. Minister Faafoi couldn’t say whether or not the proposed law would apply. He didn’t know “hate speech” when it was presented to him.

And Monday morning our Prime Minister told us the proposed law was to clarify the existing legislation. She claimed it was to stop incitement to violence against groups, but political opinion would not be included as a protected category.

This makes no sense. Incitement to violence is already a crime. As it should be. Against anyone, whether in a group or not.

She omitted to explain that the dangerous changes are about “incitement to discrimination and hostility” against groups. They want to criminalise speech that is perceived as abusive or insulting.

All to enhance “community cohesion”.

These are the word tools used to oppress and abuse incumbent power the world over. The establishment gets to decide what is abusive or insulting, to determine what might incite to discriminate, and they get to prosecute, convict and punish with all the power and resources of the state, often with secret or suppressed evidence. As we faced in the Auckland High Court at the hands of Auckland Council last week.

The real proposals have nothing to do with incitement to violence. Either the Prime Minister knew that, and was actively seeking to deceive, or she has no idea what she is doing.

We stand firmly with the current law, and its protection of all, including political groups, against incitement to violence. We cannot imagine why our PM wants to allow incitement to violence against people with a certain political opinion? Who does she have in mind as the targets?

We are delighted to hear that both ACT and  National will reverse the law, should it pass. We believe we’ve already had an influence – our standing up for free speech has helped ensure the two parties were ready to be clear and definite on Labour’s scheme when it was announced.

They need to go further now and commit to fixing the law National left in place that is being abused by enemies of free speech.

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