'Hate' is subjective: whether speech or crime

Dear Minister Goldsmith, 

'Hate' is an important term referencing a powerful emotion. Where individuals in our society are targets of hate, we must work to counter this hate and promote tolerance and inclusiveness. 

'Hate' is a powerful term, but an unavoidably subjective one; this is true whether it is used against word or action.

It is not the role of our criminal justice system or laws more generally to regulate this emotion. 

We have insisted that 'hate' speech laws would simply introduce a means to censor unpopular opinions. We applaud your decision to stop work on these proposals.  

'Hate' crime laws suffer from the same weaknesses and have no place in a liberal democracy that values freedom of speech, freedom of conscience, and the rule of law. 

Introducing 'hate' crime laws would see police and the judiciary tasked with deciding if one individual acted more criminally than another despite breaking the very same law, based on their motivations not their actions. 

We have no interest in defending criminal actions. If an individual breaks the law, they must be held accountable. But the law must apply impartially, regardless of who breaks it. There aren't 'right' reasons to break the law, or reasons that are 'more wrong' than others.

Breaking the law for 'hate' shouldn't stand alone as a category any more than breaking the law for 'love'. Who is impartial enough to determine objectively when either of these would apply? 

Keep our laws impartial, the rule of law strong, and our speech and consciences free. 


We call on Hon. Paul Goldsmith, the Minister of Justice, to reject all advice to develop 'hate' crime legislation that would introduce unacceptable subjectivity into our laws, and be used to target unpopular perspectives and unorthodox beliefs. 

2,074 signature
Goal: 5000 signature

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Showing 1429 reactions

  • Karen Andersen
    signed 2024-04-10 17:09:34 +1200
  • Christine Ellett
    signed 2024-04-10 17:09:30 +1200
  • E Lyn Evans
    signed 2024-04-10 17:09:10 +1200
  • Aaron Broomfield
    signed 2024-04-10 17:08:40 +1200
  • Adrian Webster
    signed 2024-04-10 17:08:01 +1200
    Legislation having to do with defining crimes and punishments should stick to the realm of behavioural fact that can be determined without reference to perception of feelings aroused in the heart of the ‘victim’. Plenty of crimes are motivated by hate. When one person murders another because the victim slept with the murder’s spouse, this is hate. When one gang shoots up another gang’s members or headquarters, this too is hate. Crimes against religious groups have been perpetrated for millennia whether Catholics against protestants, protestants against Catholics, Muslims against non-muslims or vice versa etc. These too are motivated by hate. Many other examples could be called upon to prove this point. The point is that these have always been crimes and do not need to be a special category under ‘hate crimes’. My concern is that the hate crimes category simply lends itself to being abused to broaden the reach of regular legislation to anything that the ‘victim’ subjectively perceives to be hateful or offensive. This type of legislation will jam up our police resources and court system with complaints and investigations unnecessarily. Legislation needs to judge actions and not the realm of feelings / perceptions. Hate crime legislation runs the risk of being leveraged to shut down or cancel opinions, discussions and even protests against other people’s views and lifestyles simply on the basis of the way these are perceived or make the receiving party feel. Where will the boundaries be? If I cut someone off in traffic and they become enraged with me and give me the middle finger and some choice angry words, have they committed a hate crime? Can I report this as a hate crime? Maybe not. What if they ram my vehicle? Is this a hate crime? Maybe it is. But there is already legislation that would deem this to be an illegal and criminal activity independently of any hate crime legislation being introduced. Perhaps we could say that a wide range of crime is already a manifestation of hate without the need for specific hate crime legislation. So what is the real agenda behind the introduction of hate crime legislation?
  • Adriaan Veltmeyer
    signed 2024-04-10 17:07:54 +1200
    I THOUGHT WE WERE OVER WOKISM, SILLY ME FOR THINKING THAT.
  • Peter Kerr
    signed 2024-04-10 17:07:47 +1200
    Every day I’m fearful of the next outrage that some virtuous delusional organization wants to inflict on us.
  • Russ Hawkins
    signed 2024-04-10 17:07:29 +1200
    We must have proper justice on real crime not just words !
  • Daniel Fraser
    signed 2024-04-10 17:07:06 +1200
  • John Taylor
    signed 2024-04-10 17:06:51 +1200
  • Robin Sisley
    signed 2024-04-10 17:06:51 +1200
  • Steve Wrathall
    signed 2024-04-10 17:05:53 +1200
  • Terry Rea
    signed 2024-04-10 17:05:27 +1200
  • Andre Weibel
    signed 2024-04-10 17:05:21 +1200
  • tom Colman
    signed 2024-04-10 17:04:49 +1200
  • Melanie Dalglish
    signed 2024-04-10 17:04:31 +1200
  • Paul Vodanovich
    signed 2024-04-10 17:03:52 +1200
  • Caleb Sim
    signed 2024-04-10 17:03:42 +1200
  • Chimene Del La Varis
    signed 2024-04-10 17:03:19 +1200
    These recent moves towards subjectivity place powerful mechanisms of censorship in the hands of an unelected elite. Freedom of speech is the currency of democratic society – without open debate, we become an intolerant autocracy .
  • David Burchett
    signed 2024-04-10 17:02:45 +1200
  • Ian Muir
    signed 2024-04-10 17:02:22 +1200
  • Kritzo Venter
    signed 2024-04-10 17:02:12 +1200
  • Jennifer McGreal
    signed 2024-04-10 17:02:09 +1200
  • Michael Ayl8ng
    signed 2024-04-10 17:02:04 +1200
  • John Mulvay
    signed 2024-04-10 17:00:24 +1200
  • Roger Hutton
    signed 2024-04-10 16:59:46 +1200
    Hate speech surely is nothing more than a matter of opinion!
  • Ron Dijkmans
    signed 2024-04-10 16:59:32 +1200
  • Daniel Clarke
    signed 2024-04-10 16:59:10 +1200
  • Jonathan Ayling
    signed 2024-04-10 16:59:08 +1200
  • Stuart Bennett
    signed 2024-04-10 16:58:58 +1200

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