Hard call (but the right call) on hate speech

There has been understandable anger and frustration at the announcement that harm provisions in the Human Rights Act will only be extended to religious communities. However, New Zealand will be a better place if the aggrieved can be a little more patient.

Yes, the LGBT+ community, women, the disabled and other ‘targets’ have already waited a long time for the protection that is their fundamental right. I understand why they have launched a petition. Their hopes of legislative change had been boosted by recommendations of the Royal Commission on the Christchurch Mosque Attacks related to social cohesion, and by the Department of Internal Affairs’ Content Regulatory Review.

Those hopes were dimmed by Justice Minister Kiri Allen’s announcement, but not dashed. She also announced that the Law Commission has been asked to undertake “an independent and thorough first principles review of legal responses to hate-motivated offending, and of speech that expresses hostility towards, or contempt of, people who share a common characteristic” (the italics are mine).

One might question why the Law Commission is to do another review when the Department of Internal Affairs review is already canvassing overseas regulation of harmful material. I think that, while there will be overlap, the Law Commission will concentrate on the role of the legal system in achieving a balance of rights: Toleration versus free speech. Continue reading “Hard call (but the right call) on hate speech”