Police outrageously weaponise law, silencing sexual misconduct allegations

This job is full of tensions: 1️⃣ Major fights 2️⃣ Incredible victories. This week, I have experienced exactly that. Read on...

1️⃣ A major fight on our hands: Police weaponise the Harmful Digital Communications Act

I was on my way home from work last night when I received a call. Had I heard? The NZ Police silenced a woman from speaking out on sexual abuse allegations against the former Deputy Commissioner using New Zealand law. Yes, the Harmful Digital Communications Act (HDCA) has been weaponised yet again. And, this is the most egregious example yet. 

The Police prioritised using the HDCA to protect then Deputy Commissioner Jevon McSkimming, while simultaneously ignoring and suppressing serious allegations made by the complainant.

Remember, this is the very agency meant to uphold justice. How can Kiwis trust the Police if they use the law to silence victims instead of protect them?

Today, we contacted the Police Commissioner demanding answers on how this was allowed to happen and what steps will be taken to ensure it never happens again. 

This isn't the first time we've seen the HDCA weaponised. Remember Portia Mao, Kiwi-Chinese journalist who was silenced from reporting on foreign interference in New Zealand, or the senior Ministry of Foreign Affairs & Trade officials who alleged they suffered “significant emotional distress” as a result of their names being cited publicly in the Israel Institute of New Zealand’s online criticisms?

This is a law that was intended as a tool to prevent bullying and online harassment, but it's being used by those in positions of power to silence speech they find inconvenient.

Hear our Chair Stephen Franks discuss this on The Platform today. "Every case that we have come across has been bullies using it to bully people who are trying to call them out with the truth."

We started off advocating for amendments to be made to this law. But this example exposes deep flaws. Any law that doesn't allow truth as a conclusive defence is flawed from inception.

Our legal team is conducting a thorough review of decisions made under the HDCA since it was enacted 10 years ago. Unsurprisingly, they're concluding it is not being used as intended and is ripe for abuse. We've engaged with National Party MP Melissa Lee to ensure she is across our concerns.

The Harmful Digital Communications Act is not fit for purpose, and it certainly does not belong in a liberal democracy like ours. It needs a major overhaul, or it needs to go.

2️⃣ An incredible win! Bill to protect academic freedom passes into law!

Now for the good news. 🥳 For years now, the Free Speech Union has witnessed the rise of fear at our universities, with academics afraid to speak their minds and students told what to think. One of our biggest campaigns has been advocating for the restoration of academic freedom.

Today, the Education and Training Amendment Bill (No 2), which we were extensively involved in, has passed its Third Reading and will become law. This is a massive victory that you helped us achieve! 💪

The bill strengthens requirements on universities to protect academic freedom by ensuring they implement free speech policies, report annually on academic freedom, and refrain from adopting institutional positions on issues that just aren’t their business. They will not be allowed to deny invited speakers on the basis of their ideas or opinions. 

The state of university culture has significant ripple effects on our society. We all suffer when speech is not free on campuses. The passing of this bill is great news for all of us, and today, we celebrate this significant win with you! 🥂

Patience and persistence have succeeded. 

We are in this for the long haul. We championed the fight for academic freedom, and today we saw this pay off. Now we must not give up our fight against the weaponisation of the Harmful Digital Communications Act. 

Between our team and free speech champions like you, We are restoring a culture of free speech in New Zealand. 

Will you continue to back us in the fight? Let's dream of another massive victory where the HDCA is no longer used to silence Kiwis' voices.

Thanks for backing us.

Jillaine Heather | Chief Executive