Protest pressures: A tempting but dangerous bill

The right to protest is a hot topic this week, have you noticed?

Today, disruptive Pro-Palestinian protestors were arrested outside an event in Christchurch, and yesterday there was widespread coverage of the vandalism of Winston Peters’ home after a protest was live streamed outside it.

The timing of the latter is particularly striking as the Government and media discuss a bill currently before Parliament seeking to restrict protest near homes. 

We get it. Our staff and council come up against backlash in their personal lives because of their roles. Privacy and security must be priorities for all Kiwis, especially those in the public eye, like our politicians.

There’s a lot of talk about the need for Government intervention though, and to some, this bill is looking even more necessary.  

But here’s the thing: Existing laws already address genuinely coercive conduct, including harassment, trespass, intimidation, and excessive noise.  

The Summary Offences (Demonstrations Near Residential Premises) Amendment Bill is poorly drafted and would open the door to authorities shutting down speech they find offensive or inconvenient when really, they should focus on enforcing the law that already exists. 

It is vague, broad, and goes beyond what is necessary to protect residential privacy and leaves too much open to interpretation by police and the courts. Terms used like “near” and “unreasonable disruption” are wide open for abuse. 

We’re concerned the bill has an ‘ought to know’ clause, meaning people could face criminal charges even if they never intended to cause disruption, simply because authorities believe they should have known their protest might disturb someone.

Does this ring alarm bells for you, like it did for me? 🚨 Can't you see individuals weaponising that against speech they merely find offensive or inconvenient?

We’ve submitted recommendations including that key terms are narrowly defined, the bill’s scope is limited to intentional or reckless behaviour, and ensures that non-threatening activities such as brief vigils or displays of dissent remain protected. 

Yes, this bill may sound enticing given events this week, but we must insist the authorities rely on existing safeguards. We must reject harassment, intimidation, vandalism, and violence, and protect free speech in the midst of it. 

This morning, Stephen Franks, our Chair spoke to Sean Plunket on The Platform about the bill, and the story of Acacia O’Connor being dropped from One NZ marketing after she doxed Winston Peters. Listen to their conversation here. 
 

And hot off the press, I am pleased to give you the inside scoop: At our 2025 Conference and AGM in Christchurch, we've confirmed an impressive line up of speakers for a panel discussion specifically on protest rights.

They are: Brian Tamaki (Destiny Church leader), Gaylene Barnes (filmmaker and producer of River of Freedom), and Stephen Franks (lawyer and FSU Chair).

I for one can't wait, and I know you won't want to miss it either. Purchase your tickets here!

Last week, I was in Nashville for the Global Free Speech Summit, meeting with free speech advocates from all over the world (including Jacob Mchangama, Jonathan Rauch, and Dr. Peter Boghossian – how lucky am I?!). It won’t be surprising to you, that tensions are rising globally, and protests are getting more and more heated. 

As free speech champions, you and I must push back, advocating for more and better speech, not violent and unlawful actions. Protest is important, and if they don’t remain peaceful, where will that leave us? 

We’re not just advocating for free speech alone – but for constructive, meaningful conversations for a healthy democracy. This is what we’re doing together.

I’ve come back from Nashville more thankful than ever for your backing and support of our work. We are leaps and bounds ahead of many countries, even those we compare ourselves to. But only because we're keeping up the fight, and we can't do this without you.

Jillaine Heather | Chief Executive 

Free Speech Union