Bill English, Andrew Little see no pressing need for 'hate speech' law change
Prime Minister Bill English and Labour leader Andrew Little have poured cold water on the likelihood of a new "hate speech" crime, saying people should have the right to express strong views.
They were responding to a group of 27 high-profile New Zealanders, including unlikely allies such as Don Brash and Dame Tariana Turia, who have penned an open letter warning freedom of speech is under threat in the country's universities.
The letter, organised by Auckland University of Technology's History Professor Paul Moon, follows Human Rights Commissioner Dame Susan Devoy's February call for a review of "hate speech" law and Police Commissioner Mike Bush suggesting an examination of the pros and cons of establishing a specific crime.
It also comes after a group called the European Students Association at Auckland University was closed down after threats to its members and accusations of racism. Its leaders had denied it was racist.
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"We are not proposing any changes to hate speech laws," Human Rights Commission spokeswoman Christine Ammunson said.
"We are asking Police to collect "hate crime" data as part of their crime statistics. For example if Jewish graves are desecrated we want Police to record that crime as more than just property damage."
An open letter has been widely reported in the media and the Commission hoped to read it, however those who signed it have yet to forward it to us so we are unable to comment on it, Ammunson said.
"There are a number of laws that are already in place that deal with speech and actions that attack people or groups on the basis of their personal characteristics. Courts and tribunals interpret these laws with reference to freedom of expression and other relevant legal principles."
English said he did not believe free speech was under threat. "I think in New Zealand we have a pretty tolerant discussion, occasionally there's some pretty strong views expressed - I think it's important that they're able to be expressed.
But I'm not sure what this particular petition's aiming at."
He did not think a law change was needed.
"Look, I think it's important that strong views can sometimes be expressed and in New Zealand, we're pretty good at dealing with the issues when they're serious issues."
Little said it was difficult to draw a line between protecting and preserving free speech and expressions "calculated to cause harm or incite unhealthy responses".
"I have a personal view. I describe myself as a bit of a free speech sort of nutter, but people are entitled not to be confronted by clearly racist propaganda."
Moon has said the current law is working well and inciting hatred or violence is already a crime.
Little said he would want to be sure the law was covering "incidences that we've seen more recently complained about".
"We do have to, sometimes on very difficult occasions, preserve the right of people to express views even if sometimes they are unpopular or unpalatable to us."
The definition of hate speech to him was statements "calculated to cast irrational unreasonable aspersions on a group of people or on an individual".
But statement that caused offence was "instinctively" too low of a threshold, in his personal view, and he was not aware of any recent examples in New Zealand where such a law would be necessary.
"I'm not saying that people aren't having experiences of what they describe as hate speech, but I cannot think off the top of my head of an example that would compel me to say 'yep the law is inadequate and we need to do something about it'."
The open letter, which Moon said would be forwarded to political leaders seeking their reaction, argued debate must not be suppressed because the ideas put forth "are thought by some or even by most people to be offensive, unwise, immoral, or wrong-headed".
It was signed by academics, business leaders, community representatives and controversial commentators including Sir Bob Jones, former prime minister Sir Geoffrey Palmer, Maori educationalist Sir Toby Curtis, poet Albert Wendt and former MP Luamanuvao Winnie Laban.
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