Govt plans tougher crackdown on hate
Hate speech will become a criminal offence and anyone convicted could face harsher punishment under proposed legislative changes.
The Government yesterday released for public consultation its longawaited plan for the laws governing hate speech.
The plan is part of the Government’s work to strengthen social cohesion, in response to the Royal Commission of Inquiry into the Christchurch terror attack.
Justice Minister Kris Faafoi said abusive or threatening speech that incites can divide communities.
“Building social cohesion, inclusion and valuing diversity can also be a powerful means of countering the actions of those who seek to spread or entrench discrimination and hatred.”
Protecting free speech and protecting people from hate speech will require careful consideration and a wide range of input, Faafoi said.
The Government is considering creating a new, clearer hate speech offence in the Crimes Act, removing it from the Human Rights Act.
That would mean anyone who “intentionally stirs up, maintains or normalises hatred against a protected group” by being “threatening, abusive or insulting, including by inciting violence” would break the law.
The punishment for hate speech offences could also increase, but it’s not clear by how much.
The groups protected from hate speech could also grow — the Government is considering changing the language and widening the incitement provisions in the Human Rights Act.
It has not yet decided which groups will be added.
That is expected to happen following public consultation.
It is currently only an offence to use speech that will “excite hostility” or “bring into contempt” a person or group on the grounds of their colour, race or ethnicity.
Gender identity, sexual orientation, religion or disability aren’t protected grounds.
The Government is proposing several changes to the civil provision of the Human Rights Act, including making it illegal to incite others to discriminate against a protected group.
It also wants to amend the Human Rights Act to ensure trans, gender diverse and intersex people are protected from discrimination.
The proposed changes were recommended by the Royal Commission of Inquiry into the Christchurch terror attack, which found hate crime and hate speech are not adequately dealt with.
“The current laws do not appropriately recognise the culpability of hate-motivated offending, nor do they provide a workable mechanism to deal with hate speech.”
The Ministry of Social Development will simultaneously consult with the public about what can be done to make New Zealand more socially cohesive.
Associate Minister for Social Development and Employment Priyanca Radhakrishnan, who is leading the social cohesion programme, said yesterday the Government wanted to build from existing Mā ori-Crown values.
“We are not starting from scratch,” she said.
“We are generally regarded as a country with a high level of social cohesion and we’ve seen that as our team of 5 million has largely come together to rally around both in the aftermath of March 15 and also during the Covid-19 lockdown.”
However, she said there were underlying vulnerabilities that New Zealand needed to address as the country grew in diversity and that this effort would be grounded in the values of the Treaty of Waitangi and the Māori-Crown relationship.
Public submissions opened yesterday and close on August 6.