A new case of policing speech, literally
Gareth* is a husband and the father of a busy young family. He has triplet toddlers- frankly I can't imagine!
He's a project manager, a role that comes with a bit of stress, and in his spare time, like a lot of us, he lets off some steam on social media. From time to time, he's made a dumb comment or two there, but that's not a crime... or is it?
On a Thursday evening in August, two police officers turned up on his doorstep, unannounced, and out of the blue.
After an awkward interaction where the police officers asked Gareth for a private conversation away from his wife, they informed him that they'd received a complaint about comments he'd made on his anonymous social media account.
They were just there to check his thinking on a few issues.
This is the sort of case that frightens me. It simply confirms to me how essential our work is, and it's only possible because of you.
Gareth declined to engage with the officers. After implying they would take legal action if he didn't engage with them, eventually, they left.
It may not sound like much, but this experience left Gareth feeling anxious. The experience frightened his children, and he took several actions in the following days:
1. Due to struggling to sleep that night, Gareth approached his GP for help and sought counselling.
2. He filed a complaint with the Independent Police Conduct Authority.
3. He contacted the gun licence registry and informed them that, while he did hold a gun licence, he'd previously sold his guns, so he no longer had any in possession. During this conversation, he mentioned the stress the visit from the police officers had caused him, and that he'd been getting help for his anxiety and lack of sleep since.
A few weeks passed, and several police officers showed up again.
But this time, outrageously, they tried to force themselves into Gareth's family home, claiming they didn't need a warrant. (Warning, it's not an easy thing to watch).
They issued him with a notice saying his firearms license had been suspended.
On what grounds?
1. He allegedly disclosed to the gun license registry that he had a mental health condition so was therefore not fit to hold a gun licence. (He told them he'd been getting help for his anxiety and lack of sleep since the visit from the Police.)
2. Allegedly, his posts and comments on social media were extreme and 'hateful'.
Like with everyone we represent, we don't ask you to agree or disagree with his statements. It's about the principle of a basic right.
Whether his comments were provocative or not, they don't meet the criteria for a response from Police.
The situation was also made worse by the Police taking the comments out of context of the wider conversations. Because of the Police's dramatic arrival a second time, Gareth's triplets were upset again, and were crying as the Police came into the house.
As a result, the Police referred the matter to Oranga Tamariki, concerned for the welfare of the children.
You'll be pleased to know that when Oranga Tamariki reviewed the case, they raised no concerns and closed the file. The only reason the children were upset when the Police arrived, it seems, was because of the Police forcing themselves into the house.
'Hate speech' laws were shelved for a reason. Frankly, we should not be coming against this.
Police should not be turning up on doorsteps based on someone's opinions expressed on social media, forcing themselves into houses, and frightening their children.
Yesterday, we submitted on Gareth's behalf to the Firearms Licencing Authority in defense of Gareth and included a range of references from friends and family. If we're not successful, Gareth will lose his gun licence (even though at the moment he doesn't even own a gun), all because when after Police arrived to check his thinking, he admitted he'd found it a confronting experience.
Gareth is a hardworking, family man with a busy family life and a demanding job. He has found himself in the middle of a storm. If Police continue on this course, this situation could be any one of us.
We've recently shared about the unlawful training the Police are putting their officers through to identify 'hate speech' and even the terrifying concept of 'non-criminal hate incidences'.
I believe, if we don't keep pushing against that, this story could be the start of many more situations like this.
Is this really what you want our Police to focus on?
This is the first time we've dealt with a speech issue relating to a gun licence, and I think it will set an unjust precedent if we don't all pull together now. Having a firearm licence comes with particular duties, fair enough, but it doesn't mean a basic right to free speech is taken away.
Currently, we have nine legal cases on the go, and frankly, it's not cheap. However, I believe - hand on heart - it is worth standing up for your right to speak your mind. But we need your support to do this.
I am writing to ask if you would chip into our work to support Gareth and others like him, and stand for their right to speak.
Donate now, to stand against policing 'hate' through censorship
By supporting our work, you're not just helping to defend Gareth's right to speak. You're also supporting us to speak out on your behalf. (My team already submitted legal filings on his behalf yesterday, and we'll be helping him meet with a psychologist who will be able to speak to his soundness of mind).
There is no one else in New Zealand doing what we are, and we can't do it without you.
Will you join us in the fight once again?
Hannah Clow |
PS. The Police seem to think it's their duty to police the speech of others. It is absolutely unacceptable. Support us to speak out on your behalf today.
*Name changed for privacy.
Do you like this post?
You might also like: