Hate speech rethink urged
Islamic leaders have called on the Minister of Justice to explain why work on hate speech legislation – as recommended by the Royal Commission of Inquiry into the Christchurch mosque terror attacks – has been abandoned.
In its just-released report on hate speech and freedom of expression, the Federation of Islamic Associations of New Zealand (Fianz) highlighted “overwhelming evidence” of the direct link between hate speech and hate crime, and why a “legislative safety net” in the form of hate speech laws is vital.
Abdur Razzaq, chairperson of the Fianz royal commission committee, said hate crime legislation needed to be paired with hate speech laws in order to be effective. “Hate speech is preamble to hate crime – hate speech is the equivalent of verbal bullets.”
The Royal Commission into the March 15 attacks had recommended that harmful speech laws be amended to include religion as a protected group.
The Labour government committed to enacting all of the Royal Commission’s 44 recommendations, with then-justice minister Kiri Allan saying in November 2022 the Human Rights Act would be amended to protect any group on the grounds of religion.
A person’s colour, race, ethnic or national origins are already covered by the legislation.
In December 2022, Paul Goldsmith, then the National Party’s justice spokesperson, opposed the proposed hate speech law as “threatening to muzzle speech that is critical to a free and vibrant democracy”. He said it would criminalise speech “that is part and parcel of public discourse”.
He went on to question if this would mean artistic expression like the Book of Mormon musical would be banned, if political parties whose views are grounded in religious beliefs would be subject to new protection, and how this would affect critics of religious communities such as Gloriavale.
Labour later deferred the matter to the Law Commission. Last month the Law Commission confirmed Goldsmith, now Justice Minister, had ordered it to halt work on hate speech as committed to in the coalition agreement between National and NZ First. In its latest report, Fianz said Goldsmith’s claims that hate speech legislation risked criminalising debate about religion lacked evidence.
The federation pointed out that under current legislation it is an offence to threaten, insult or intimidate another person because of their race, colour, ethnicity or religion, and yet not a single person has been prosecuted for criticising religion since 1981. Fianz said similarly the suggestion that artistic expression could be banned under new hate speech legislation was also without evidence.
“The Book of Mormon musical, which was
“[It] is the equivalent of verbal bullets.”
Abdur Razzaq Fianz royal commission committee chair
at Auckland Civic Theatre in March and April 2020, was never subject to any claim of censorship or banning,” it stated in its report. “The threshold for hate speech in the context of artistic expression is very high, to the point that there has never been a successful prosecution.”
Razzaq said he had no doubt the coalition Government was committed to a safe society in which all groups were protected, but to simply turn its back on this recommendation from the Royal Commission was “a cause of genuine concern”. “At a time when hate is being normalised in schools, supermarkets and city streets … [and with] this hate pandemic so evident, we did not expect that the new government would remain silent.”
Razzaq acknowledged there might be a lack of political will due to other economic priorities, but called on Goldsmith to “at least initiate a conversation on hate speech and the importance of freedom of expression”.
“Almost all democratic countries who value freedom of speech also have hate speech legislations to ensure there are limits and responsibilities. It is this balance which society needs to discuss openly.”
Goldsmith said he had received the report and would respond in due course. “The Government has no plans to remove the existing protections in the law related to hate speech, but we opposed and will not continue Labour’s proposed hate speech laws, because they would have undermined free speech,” he said. “I have been clear work on hate crimes law will proceed, as it is extremely important we make sure all of our communities in New Zealand are protected and are safe. I expect the Law Commission to engage broadly in its work, including with Fianz.
“We acknowledge that it’s now been five years since the events of March 15, and many may feel frustrated by the pace of the Government’s response. We are actively working to move this forward and bring the process to a close.”