Hate speech change: What it means and why it matters

Changes to hate speech are back on the cards, with the Government releasing a proposal after years of back and forth and being passed through three different Ministers.

More than 19,000 people and groups made submissions to six proposals – with the Government landing on one change on incitement towards religious communities, calling the Law Commission in to look at a wider range of groups.

Justice Minister Kiri Allan says the Law Commission will undertake a review of “legal responses to hate-motivated offending, and of speech that expresses hostility towards, or contempt for, people who share a common characteristic”.

Why it matters

In the wake of the March 15 terrorist attack, the Government accepted recommendations from the royal commission of inquiry to amend hate-speech laws and create hate-motivated offences.
In 2020, Prime Minister Jacinda Ardern said to survivors and family of the mosque terror attack on March 15, 2019, that implementing the recommendations of the inquiry was the “least we owe them”.

The breakdown

Ardern revealed last month she was attempting to gain “general support” across the House on hate speech changes, that had seen a divisive reception in Parliament so far.
Immediately after the Government’s changes were announced, National expressed its concerns, saying it could “significantly narrow the scope of free speech and expression in our country”.
The Green Party said it sent a signal to gender, rainbow, and disability communities that they were less deserving of protection, worried that those communities were targets of extremism.

Prime Minister Jacinda Ardern speaks about changes to hate speech legislation.

Who said what

Executive director of Auckland Pride Max Tweedie welcomed the change for religious groups, but said it should not take a “heinous terrorist attack for hate speech laws with that affected community to take effect”. He was disappointed the proposal did not include the Rainbow community, gender minorities and people who were disabled. “It’s frustrating when issues are so clear-cut to our communities. Hate speech has consequences. I really hope it doesn't take another mass violence incident … for some action to be taken on this issue.”
Aliya Danzeisen, the national coordinator of the Islamic Women’s Council of NZ, said the level of hate that some people face is “dehumanising, violent, and it takes lives”. “We are disappointed with the proposal for many reasons. Even for ourselves. It's not strong enough by any means. We don’t want what happened to our community to happen to any other community in New Zealand or around the world. It’s time this Government show courage and do what’s right.”
Marcus Roberts, a senior researcher for the Maxim Institute, said the “concern is that the law is far too uncertain for people to adequately know in advance which speech is legal and which is not”. Roberts said the risks of the proposed change “outweigh the uncertain and marginal benefits”. “On the other hand, the uncertainty and potentially broad nature of the proposal can have the effect of people self-censoring when it comes to discussing religious beliefs.”
Prime Minister Jacinda Ardern said the LGBTI community was “absolutely covered by discrimination provisions”. “This is a question of the extension of those incitement or what people have called hate speech provisions. Our view is that they do need to be expanded. We went out and consulted. We believe we need some extra help. We've asked the Law Commission to do this.”

Marcus Roberts, a senior researcher for the Maxim Institute, said the “concern is that the law is far too uncertain for people to adequately know in advance which speech is legal and which is not”. Roberts said the risks of the proposed change “outweigh the uncertain and marginal benefits”. “On the other hand, the uncertainty and potentially broad nature of the proposal can have the effect of people self-censoring when it comes to discussing religious beliefs.”
Prime Minister Jacinda Ardern said the LGBTI community was “absolutely covered by discrimination provisions”. “This is a question of the extension of those incitement or what people have called hate speech provisions. Our view is that they do need to be expanded. We went out and consulted. We believe we need some extra help. We've asked the Law Commission to do this.”

What next?

The Law Commission will undertake a review of “legal responses to hate-motivated offending, and of speech that expresses hostility towards, or contempt for, people who share a common characteristic”, Justice Minister Kiri Allan said. “It will include whether further protections should be afforded to specific groups, including the Rainbow and disabled communities.”
A proposed law will be introduced to Parliament, set to pass before the election, to make specific changes to religious belief. It will go through a full select committee process where people can make submissions.