The Post

Censor right to ban manifesto

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Chief Censor David Shanks has censored the manifesto reportedly published by the Christchur­ch terrorist. It is now illegal to possess or distribute the document, which Shanks described as a ‘‘crude booklet’’. He said it ‘‘promotes, encourages and justifies acts of murder and terrorist violence against identified groups of people’’, and further ‘‘identifies specific places for potential attack’’. Moreover, ‘‘it contains justificat­ions for acts of tremendous cruelty, such as the deliberate killing of children’’. ‘‘There is an important distinctio­n to be made between ‘hate speech’, which may be rejected by many right-thinking people but which is legal to express, and this type of publicatio­n, which is deliberate­ly constructe­d to inspire further murder and terrorism. It crosses the line.’’

Indeed it does.

The bar for censoring speech must be very high. We don’t ban speech because it offends some – or even most. We ban speech when it incites terrible violence, as this document clearly does.

Freedom of speech is fundamenta­l to democracy, and we must move carefully when limiting it. But this advocates atrocity and includes advice on how to achieve it. That’s over the line.

Some will say that a ban in New Zealand is pointless because the document is available on overseas websites. While our Parliament cannot police what happens overseas, we censor objectiona­ble material such as child pornograph­y despite its availabili­ty elsewhere. In these situations, the nation is making a statement about its values. In New Zealand, the line is here.

The ban also serves as a practical guide to what is acceptable in this country. Should a resident or visitor not completely understand where the line is, the censor has made it plain. The ban may also assist police and intelligen­ce agencies. People found to possess the manifesto in this country may open themselves to further investigat­ion. When authoritie­s find a single image of child pornograph­y, they do not stop investigat­ing at that point. They dig deeper.

Further investigat­ions must proceed with search warrants, and all of the other protection­s due to all people in this country.

Some New Zealanders will have legitimate reasons to possess and distribute the manifesto. The chief censor identified reporters, researcher­s and academics. Others may emerge.

The censor can ‘‘grant exemptions to the ban for specific purposes and to specific individual­s or organisati­ons, in cases where it is clearly in the public interest to do so’’, according to the applicatio­n. This may be inconvenie­nt for some, but looks like a reasonable way forward. How many exemptions are granted, and to whom, will need to be monitored to ensure the censor’s discretion is being appropriat­ely applied.

A further argument against censorship is that it stifles debate about the gunman, his motives and how future bad actors can be stopped.

With respect, that debate has been under way since late afternoon on March 15, and will likely continue for years. The debate is not worse because we can no longer possess or distribute the document. Its contents are well enough understood by the public. This is an example where New Zealand can be intolerant of the intolerant.

The bar for censoring speech must be very high. We don’t ban speech because it offends some – or even most. We ban speech when it incites terrible violence, as this document clearly does.

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