Submission on Hate Speech Bill

Free speech: the antithesis of violence

The spectre of terrorism is present throughout the West (and far beyond), but due to our recent past in New Zealand, this threat plays on our mind in unique ways. 

On March 15, 2019, 51 Muslim worshippers were killed by a lone-Australian terrorist, inspired in part by the actions of Norwegian, Anders Behring Breivik. More explicitly though, as Foreign Policy notes, it was French ideas (including those from Renaud Camus) which inspired Brenton Tarrant to take this extreme action.

This was not the only French connection to these tragic events on the other side of the globe. Exactly two months after the Christchurch Attack, New Zealand Prime Minister, Jacinda Ardern, and French President, Emmanuel Macron, met in Paris to found the Christchurch Call to Action. This initiative has since gathered together a community of over 120 governments, online service providers, and civil society organisations, working to eliminate terrorist and violent extremist content online. 

While it is entirely consistent with the role of the state to protect their citizens from attacks both foreign and domestic, we often pay for safety in the currency of freedom. It is crucial that civil society operates as a watchdog for government overreach that undermines crucial civil liberties, especially the freedom of speech, which founds so many other basic freedoms. 

As the Chief Executive of the Free Speech Union New Zealand, an organisation with sister-groups across the anglosphere, I am deeply invested in the idea that the right to free expression and speech makes our communities safer, not more dangerous. Yet, in line with that, I must spend a lot of my time explaining that direct incitement to violence, and violent extremist material online which promotes or directly calls for terrorism, is not protected by freedom of expression and falls ‘beyond the pale.’

This is because violence is the antithesis of speech.

However, noting that direct incitement to violence is not protected by freedom of expression admittedly introduces an element of subjectivity in distinguishing between direct incitement and more general expression of opinion. 

This distinction, and the difficulty in assessing it, is illustrated in a recent document released by the security agency responsible for counter-terrorism in New Zealand. In October 2022, the New Zealand Security Intelligence Service (NZSIS) released ‘Know the Signs: a guide to identify signs of violent extremism.’ This guide outlined key features that could indicate an individual's intent to commit a violent attack, such as withdrawing from community, possessing instructions for how to make weapons, discussing willingness to die for their beliefs, and others.  

Many were concerned about this guide, claiming it simply relegated all those with opinions that differed with the mainstream, or ‘developing a hostile “us vs them” world view’, into extremists and possible terrorists. There is particular sensitivity to this in New Zealand, as an especially censorious government continues to divide the nation and denigrate those with opinions that differ from theirs. Initiatives such as the Christchurch Call, according to some, threaten to further enable state censorship, and punish any who express dissenting or provocative ideas- all in the name of counter-extremism and safety. Given that there is currently legislation before Parliament that would allow the state to charge someone as a terrorist if they possess ‘objectionable material’, even though it has nothing to do with terrorism or the promotion of terrorism at all, illustrates why some are concerned. 

A key distinction between the NZSIS guide, and other material that undermines the right for others to freely express themselves, is the fact that it explicitly relates only to the threat of violence. The guide 'talks specifically about violent extremism rather than non-violent forms of extremism.’ This is an important caveat. 

But what about those that claim ‘words are violence’? Seemingly daily, we see academics dismissed from university posts for ‘wrong-think’, and activists and government bureaucrats patholgising the role of speech in dividing our societies. Should words be treated as violence if they are ‘harmful’. In reality, words are the opposite of violence, and we must never stop asserting that. 

That is what we claimed following another terrorist attack in New Zealand in 2021 by an Islamic extremist. We wrote: 

‘Violence in the name of ideology is the polar opposite of free speech. It is the ultimate attempt to silence those who do not share your worldview. Differences of political and religious opinion must be navigated with reason and dialogue. Never through violence. Never through fear.

Those who refuse to resolve ideological differences with words are the ones who turn to violence. Those who refuse to respectfully engage in civil dialogue with those they disagree with are the ones who become hateful extremists in the first place.

Freedom of speech — the fundamental human right to peacefully express one’s opinion — is an inherently non-violent principle. This is why we seek to protect it.’ 

As Jonathan Haidt and Greg Lukianoff note, this claim will make our societies ‘more anxious and more willing to justify physical harm.’ Lukianoff went on to claim, ‘Redefining the expression of opinion as violence is a formula for a chain reaction of endless violence, repression, and regression.’

It was Sigmund Freud who claimed ‘The first human being who hurled an insult instead of a stone was the founder of civilisation.’ A culture of free speech that resolutely asserts the right for all to openly express their beliefs is crucial if our countries are to be safe from those who would use violence and terrorism to advance their cause rather than reason, dialogue, and debate. While censorship may appear to be a simple solution to remove the ideas we most despise, in reality, it is a short-term fix with a high price. It forces potentially dangerous viewpoints underground where they fester and remain unchallenged. 

Counter-intuitively, free speech is the greatest preventative to extreme ideologies that advocate violence because it places these perspectives in the open where they can be challenged and,  through debate and reason, revealed to be faulty. Our governments and security services must keep this in mind. 

Culture of Free Speech & Journalist Activism

Those of us on the council at the Free Speech Union spend a lot of time disagreeing. We don’t all vote for the same parties nor believe in the same gods (or any at all). We don’t agree with everyone whose speech we have defended and we robustly debate the merits of the cases we get involved with.

So it was unsurprising that this week we found ourselves disagreeing on what our role is in regards to the media in New Zealand. Some of my fellow council members frame our role more tightly around the law. That is, our focus should be on that which the state controls, for example hate speech laws and the criminalisation of expression.

My perspective is that our role must take a wider scope to be effective in promoting a tolerant and open New Zealand in which speech is free. The elite institutions which exist in the political eco-system, but aren’t directly run by the state, should receive the same scrutiny for how they create the conditions of suppression. This includes academia and the media.

Last week Stuff ran a story about a school counsellor from Bethleham College who they claimed was “accused of transphobia”. The article no longer appears to be online. The central focus of the article were comments the counsellor had posted on her personal Facebook account, raising concerns about children being given puberty blockers.

Now, I considered the counsellor’s comments to be reasonable, compassionate, and measured, but even if I hadn’t the conduct of Stuff and the journalist who wrote the piece warrants some reflection. When is it appropriate for media to ‘name and shame’ private citizens for what they write on their personal Facebook pages?

In the first instance, the privacy of the individual must be weighed against the question of whether such an article is in the public’s interest. Given that the counsellor, in this case, is currently on maternity leave it seems to me that the contents of her social media accounts are even less newsworthy than they would have already been otherwise.

The completely uneven power and influence dynamic between Stuff and the young woman named in the article present an example of how private organisations and companies attempt to control public narratives and suppress speech they don’t like.

In my view, the article wasn’t written to inform, it was written to punish. The journalist was operating as an activist with a particular world view and her message was clear ‘if you express this view, you could be named and shamed with your face published in Stuff’. This is what we call the chilling effect, where explicit suppression laws are not required because those with significant social power or influence make examples of dissenters, frightening everyone else into silence.

But am I impinging on the free speech of Stuff and this particular journalist by calling out what I consider to be unethical journalism? No. 

Ani O'Brien

We can all criticise whatever speech we like and to say we think something is bad or even immoral is not to say ‘chuck them in prison’. If the journalist had commented in her own personal capacity on the school counsellor’s post they would have been engaged in a pretty even exchange of ideas.

By wielding the power of one of the largest media conglomerates in the country, personal criticism became weaponised in a way that victimised a private citizen and warned others who share her view to stay quiet. Additionally, the state funding that Stuff has received creates an extra dynamic where they can be seen as an extension of the state.

For New Zealanders to be truly free to speak and contest ideas, a lot more needs to happen than just preventing speech suppression laws. The most powerful among us must know that we do not tolerate bullying tactics like those used in the article about the school counsellor. We must promote a culture of free speech and tolerance that flourishes in our communities, corporations, schools, and homes.  

The Free Speech Union, in my view, should be just as willing to call out the corporate bullies as we do state overreach. We should be driving social change towards a culture of tolerance of difference. We continue to debate this as a union and whatever position we come to will be more robust and considered because we were willing to hear different perspectives.

'Plain Language Bill’- Another Solution Looking for a Problem

'Plain Language Bill- Another Solution Looking for a Problem

Parliament: an ironic place where contradictions abound. At first glance stately and formal, but under the surface we know skulduggery abounds. A place of quiet importance and hushed propriety, yet if youve ever seen Question Time (or a Caucus meeting), it gives a disrupted kindergarten a run for its money. 

Its fitting then that Rachel Boyacks Plain Language Bill keeps up this ironic trend- a piece of Government writing filled with lots of big words about why they need to employ people to make sure their writing has small words. And yes, youd think that government would already be writing in a way so that the people they represent can understand. But, well, theres that irony again. As the Shadow Attorney-General, Chris Penk, claimed as simply as possible this Bill is not good. In fact, it is bad.’ 

Frankly, its difficult to argue against the claim that official documents should be accessible to the general public. In fact, its such a good idea there are already annual Plain Language Awardscelebrating the public service department which uses the clearest language. But thats not really whats up for debate in Boyacks Bill. Rather, its a Government funded structure to employ Plain Language Officers(could someone write a use-more-original-namesBill?) to peer over the shoulder of each public servant, making sure that their language is not convoluted (that means tricky”, if it wasnt plain.) This is the more sinister element of this legislation, and with irony again rearing its ugly head again, Boyack, the sponsor of the Bill, is entirely ignorant to it. 

Does this seem a bit elaborate (that means convoluted”)? Let me put it plainly: given the way this Government has tried to control information, speech, and expression, do we really want a language officersigning off on every piece of public comms? What happens when the Government does what I just did there without anyone noticing? Take away the plainaspect, and just make it a language officer’… is this sounding a little more Ministry of Truth-esque? Public servants need to be able to give free and frank advice to their political overlords and, more importantly, to speak openly with the public; erasing certain words from their vocabulary is a step in the wrong direction. 

Is that clear? To control language is to control the ideas we can communicate.

Opposition to this Bill is split between its absurdly unnecessary nature and the potential for it to be abused and become yet another string in the censorship bow of a Government intent on controlling speech. Just because it is in practice good to write plainly doesnt mean we need legislation creating a role to enforce this. And just because the intention of the plain language officerisnt inherently censorious, that doesnt mean it wont end up silencing provocative speech. Is Boyacks next Members Bill going to address these issues that shes creating with this one? 

Despite what some might say, the public service is not simply a conglomeration of higher beings sitting in great ivory towers in Wellington micromanaging the country through sophisticated decrees. (To put it plainly now) theyre normal people, like us, and can be expected to speak on the same level as the rest of the nation in a way we can all perfectly understand, on their own. Like so many other attempts at restricting and controlling speech, this Bill has proven to be another hopeless solution in desperate search of a problem.

To echo a suggestion from Duncan Garner- perhaps it would be a much better use of Government resources to appoint common-sense officers, perhaps even honesty officers or transparency officials!

(If you skimmed to the bottom of the article for the plain explanation in simple words, you cant put it better than Chris Penk: this Bill is not good. In fact, it is bad.)

The Road To Hell Is Paved With (Censorious) Good Intentions

Our Prime Minister has quickly become a polarizing figure on the international stage. Jacinda Ardern is either fawned over and adored or vilified and framed as the smiling face of authoritarianism. Considering that if New Zealand was a U.S. state it would only be the 25th most populated, it is extraordinary that Ardern has such star power.

Her recent speech to an almost empty United Nations Assembly in New York has typically inspired the Ardern lovers and haters to take to the internet to express their heartfelt convictions. Her assertions that mis- and dis-information are ‘weapons of war’ has unsurprisingly gone down like a cup of cold sick with freedom loving Americans, while Western proponents of safetyism have applauded her. 

Ani O'Brien

As always, the truth of the matter lies somewhere between the two camps. Jacinda Ardern is not an evil genius hellbent
on the destruction of Western democracy, however that doesn’t mean that what she is doing is right or justified. The road to hell, after all, is paved with (in this case, censorious) good intentions.

What Ardern and her advisors on these matters are guilty of is incredible arrogance and historical ignorance. They presume that the Government is best placed to decide what is true and what is right and that the populace needs to be shepherded towards righteousness because they are easily corrupted. The inverse is true. 

Governments are often wrong. It isn’t necessary to be a professor of history to understand that Government mistakes have had terrible consequences historically. The existence of our own Waitangi Tribunal and the continuing settlements between Crown and iwi is evidence of that. Ardern herself delivered a state apology to Pacific Island communities for the Dawn Raids – a terrible policy that existed under both Labour and National Governments. 

It is governments who need to be monitored by the people lest they become self-interested and infatuated with their own importance. What is true and right should not be decided at a Cabinet Meeting or by public servants. The Enlightenment taught us that reason is argued for and debated, springing from the process of collective discernment. It is through the percolation of ideas and knowledge in society that truth is established. We appeal to authorities and experts at times, but ultimately the collective wisdom of the sum of our experiences is what gives legitimacy to beliefs and thought.

Whether Ardern intends it or not, her rhetoric on free speech and mis-/dis-information is advocacy for the might of the state. She is calling for Government to expand its powers to empower thought and speech control. While I doubt that it is her intention to imbue herself with the power of a dictator, these ideas are authoritarian. The Ardern Government would do well to remember that the power of persuasion through compelling argument and community engagement is much more likely to ensure long term support for an idea than wielding the hammer of the state and the justice system.

Just like governments, people have bad ideas all the time. There are people around today who still think the world is flat! Thinking something and even espousing something that is incorrect is not evil and should not be treated as a threat so dangerous that it must be forcefully stamped out. Free speech is fundamental to the monitoring of bad ideas that come from our governments. Without it, women wouldn’t have the vote, homosexuality would still be illegal, and any number of racist laws would never have been overturned.

Governments change, but the powers we allow them to grab are passed to the next. One person’s misinformation is another person’s deeply held belief and, no offence, but I don’t trust Jacinda Ardern or Christopher Luxon to determine which is correct.

Understanding what really drives censorship

Given the fight we’re in, it’s important that we really understand what actually drives censorship.

On a recent episode of the Free Speech Union podcast, I got to talk with David Gregory, the co-owner of Severin Films, an L.A. based restoration and distribution company that rereleases classic horror, fantasy, and exploitation titles.

OK, full disclosure: I’m a massive horror fan and have been since I was a kid. So, on that level, it was a thrill to engage with a kindred spirit (another former horror kid). But be assured, I wasn’t abusing my office at the Free Speech Union. The topic we discussed was right in our wheelhouse. Censorship. Or, more specifically, British Film Censorship in the 1980’s.

But that was bloody decades ago, I bet you’re thinking. And in another country. We’ve got real free speech concerns now, right in front of us, like cancel culture in media, hate speech laws, and deplatforming at universities.

I admit, I wasn’t expecting much more than a fascinating history lesson on a topic that interests me. But David and my talk was seriously enlightening as to what type of people censors are, their modus operandi, and what, ultimately, they are trying to achieve.  

Trust me. It’s a great episode, so I don’t want to give too much away, but in a nutshell the explosion of home video in the early 80’s led to a type of moral panic in the UK. The difference between this medium and those that came before was you could press pause on the dirty or violent bits, rewind, and watch them again. And again.

The Chief Censor at the time was a man named James Ferman. Ferman’s 24-year tenure extended through the birth of home video. The Video Recordings Act of 1984 was created to ensure commercial video recordings offered for sale or for hire within the UK carried a classification that has been agreed upon by an authority designated by the Home Office. This led to many outright bans, including of films that had previously been available (though not on the new medium of home video) such as “The Texas Chainsaw Massacre and the 1971 Dustin Hoffman film Straw Dogs.

Commenting on the “The Texas Chainsaw Massacre Ferman explicitly stated that he was specifically worried about the film’s affect on the “car worker from Birmingham” and would also speak of the danger of “people in their bedsits”, utilising their revolutionary new pause and rewind buttons, whipping themselves into a frenzy with a flood of uncensored exploitation films.

Ferman’s unashamed classism - that the uneducated and unskilled worker was more susceptible to influence from controversial material – was also confirmed in the fact that high brow artistic films were treated more leniently by his office. They were for the educated, of course! The wealth class are incorruptible!

There was no science to any of this. For example, Ferman had a thing for nunchucks and demanded cuts of a Teenage Mutant Turtles” film accordingly. Blood on breasts was another big no-no, despite no study affirming that viewers became instantly inflamed by exposure to such imagery. Ferman, it seems, was totally going off vibesas most censors do - and was potentially revealing his own idée fixe in the process.

So, how is this relevant to us?

Because these same haughty impulses are driving our own government’s current censorship push. The classist idea that the unwashed are more susceptible to misinformation is indistinguishable from Ferman’s pitifully low expectations of the British working class of the 80’s.

The UK retained a strong class system through the 70’s and 80’s which is why censorship there was so prevalent: It is a tool for denying the working class. New means of communication, from the translation of the Bible through to the printing press, and the internet, have always troubled society’s most powerful. We are living through such an age, where a power-class are once again fearful of unfettered speech and information threatening their position.

You will often hear our government speak of wanting societal cohesion when they try to justify their censorship agenda. But order would be a better word to use, and by order I mean the top remaining on top, and those on the bottom rung equally staying put. We may be looking at a restructuring of society through censorship to ensure adequate measures for suppression exist for when the real financial pain hits. Surely, it’s no coincidence that censorship has returned to the West at a moment when inequality is so pronounced.

Who would have thought it would be a Labour government that saw as a central project the firm establishment of a new caste system? But this is what censorship seeks to entrench. I don’t need to tell you that this is not the Kiwi way.

Introducing Dr. Roderick Mulgan, new Free Speech Union Council Member

I have had political antennae since my early teens. It was years before I read anything about the Enlightenment but early on it resonated with me that one of life’s most basic rights was saying what you thought.

Philosophical justifications like the Marketplace of Ideas were decades away for me, but life threw me in with close friends who had diverse politics and enjoyed arguing. The 1981 Springbok tour was an early influence and I was largely at odds with my student peers for preferring the libertarian view that the Rugby Union could host whoever it liked. I made it as far as the New Zealand University debating team at one point when we were wheeled around High Schools doing performance debating for secondary students. It was a stimulating phase of life but I do not recall at any point doubting that expressing different opinions was the way the world worked.

We all know things are now more complex. The concept of personal liberty has been developed to the point that many seriously believe they have the right to not be offended, and the right to define offence as anything they do not agree with. For some years I have absorbed the message from overseas media – phone apps are wonderful things – that the Northern hemisphere is well down the path of groupthink, and personal bravery is now called for to say what would once have been routine.

For me, the contagion reached these shores when the Mayor of Auckland took it on himself in 2018 to bar two speakers from council venues because of their controversial views on immigration. The reverberations of that episode are still wending their way through the justice system, but we are on notice. The ground has shifted. Settled principles of free speech can no longer be relied on.

In a short time, we have arrived at the point where certain points of view, particularly once touching on race and gender, can’t be expressed, no matter how reasonable or well founded.  

Recently a friend posted a piece on early Maori history that looked interesting and deleted it before I could read it. When I asked why she told me the abuse wasn’t worth it. Have we really come to this? Yes, and it goes well beyond online abuse. You can now lose your job or professional registration for expressing a reasonable and informed opinion. Highly regarded organisations are not immune. Universities were early casualties but more recently The Royal Society a bulwark of the science community - ripped itself apart publicly rather than stand up for its own core principles.

The parallels with dark periods in recent histories, like McCarthyism in the 1950s, and the totalitarian regimes of the 1930s, are glaring. The worthy citizens of those eras also thought they were progressive and enlightened. They too thought their insights were so vital that other opinions should permanently give way to them, and eventually common decency as well. Universities, professional bodies and trade unions cooperated. We are well embarked on the same journey and it didn’t end well last time.

I have been a member of the Free Speech Union since it was first conceived and I am honoured to have been accepted onto the Board. It is difficult to see how any other issue that matters to society can be progressed if the principles the Free Speech Union stands for cannot be relied on.  

Professionally, I have enjoyed more of a gentle meander than a climb to the top. I graduated from Otago Medical School in 1989 and got out of the hospital system and into the community fairly promptly. For the last ten years, I have been immersed in aged care. I am the principal of a group that attends around a dozen aged-care facilities in Auckland. It is a privilege, to deal with people on the last lap of life, many who no longer remember who they are or the life stretched out behind them.

Age and frailty have drawn me towards what is loosely called Lifestyle medicine, which is the science of staying well as we get older. I am the author of The Internal Flame, an account of how the immune system causes life’s big diseases and how lifestyle manipulations, particularly elements in the diet called nutraceuticals, can hold the line against them. I have a regular column on these themes in Life and Leisure magazine.  Occasionally, I have opinion pieces in Stuff and the Herald on issues of the day.

I also practise law. I have a practising certificate as a Barrister sole and I generally stick to lower-level crime. Traffic offences, burglary, whatever legal aid tosses me, in the main. I have enjoyed some headlines over the years with various outcomes and it all makes for an interesting working week. The first half is in front of a judge or beavering away on a submission, the second half wandering the wards of the frail and demented. And writing here and there.

My private life revolves around my spouse Sarah, a daughter who is a solicitor and a second one about to graduate in engineering. Sarah and I live in Auckland, with a weekend retreat at Snellsbeach. During rare periods of downtime, I enjoy walking the beach at Snells, reading and pottering in the garden.

Council Candidates Report

To access the Free Speech Union Council Candidates Report, follow this link to download the PDF. 

Free Speech Union update, 16 September

Free Speech Union (New Zealand) Incorporated

Our work across the country continues as we keep up the fight for free speech. Welcome to the latest update. 

Philip Arps comes last place in election for Te Aratai College Board of Trustees 

Philip Arps' decision to run for Board of Trustee at Te Aratai College has drawn a lot of interest over the past month, as he is widely considered to be a white supremacist. Associate Minister for Education, Jan Tinietti, even said that she was looking at whether a law change was necessary to stop individuals with 'ideologies of hate' from being able to run. But there's just one crucial question with that: who gets to decide what an 'ideology of hate' is? You? The next minister who takes your place? 

Philp Arps

At the Free Speech Union, our position on this issue is very clear. Hate the perspectives and speech of candidates as much as you want, it has to be the voters who decide who's unworthy of public office.

There's a word for this: democracy. 

Given Mr. Arps' questionable past and position on sensitive issues, we're not surprised the good parents of children at Te Aratai College chose not to elect him, but predictably just his candidacy has been pounced on by our would-be-censors, saying this shows the Government must do more to silence hateful individuals.

Hate speech laws are the top priority for those who want to control the expression of speech like this. But as American journalist Jonathan Rauch claims 'Hate speech is bad, I agree, but what's bad about it is the hate, not the speech, and just silencing the speech is like dealing with global warming by breaking all the thermometers.' 

Jonathan Rauch quote

Whether hate speech laws, legislation that blocks 'ideology of hate' from seeking public office or any number of other disturbing attempts to silence open debate, many leaders in New Zealand have lost faith in the public's good sense. 

Censorship is fundamentally anti-democratic. It ultimately silences the voices of the most vulnerable or powerless, that's why we need to fight it in every form. 

Is it just me, or are police introducing hate speech laws on the fly? 

In an example of incredible overreach, Police in Marlborough have tried to seize and criminalise a flag of the Black Power gang. The officer responsible, Sergeant Graham Single, claims 'People are finding it [the flag] upsetting, they are finding it offensive, and they are objecting to it being displayed. The fact they feel that nothing can be done to prevent the display of the flag plays on their wellbeing and mental health.'

We're not going to claim standing up for gang members' free speech is a popular move, but there's a principle at play here. Once their speech can be undone because people find it offensive and object to it, who's next? 

There is nothing in the patch that is inherently promoting crime or violence, this is simply an attempt at the suppression of an organisation’s right to speech and association, as protected under the Bill of Rights. 

As we claimed in our media statement on this issue, that the patch is upsetting to some is no excuse for classifying it as objectionable and thankfully the Chief Censor’s office agreed. What was so chilling about the submission made by the police to the censor’s office was the use of the same weak talking-points frequently used by pro-censorship activists in order to violate the rights of the gang chapter. New Zealanders should view this as a seriously distressing development.  

The ’N-word’ that features on the flag and patch is offensive to many. But representatives of the chapter have stated that their use of the term is about neutralising it and separating it of its historic power to do harm by making it their own. Surely a historically oppressed and victimsed people should reserve this right, just as a Member of Parliament attempted to reclaim the ‘C-word’ only a few years ago (here's looking at you Marama Davidson). The Police didn’t try to arrest the MP then. How dare anyone, let alone law-enforcement, seek to abuse the law now.  

This case really shows how subjective our relationship with words are - how words carry different meanings to different people - and how policing them will always violate someone’s equality. Ultimately, this is just another attempted use of the law to censor and suppress an organisation, with the weak, nebulous justification of ‘offense'. 

Media Complaint rules Stuff ran inaccurate and unbalanced article on Bethlehem College 

I don't need to tell you that the role of the ‘Fourth Estate’ and accurate journalism is crucial for democracy to function well. But as we can clearly see, ‘activism journalism’ is rampant in our media today.

That’s why we were glad to hear the Media Council
 had upheld a complaint against Stuff for inaccuracy and imbalance.
The Stuff reporter responsible for this article, Annemarie Quill, failed to seek comment from Bethlehem College before publishing the article in June following accusations of ‘violence, death threats and verbal attacks’ against LGBT students.

This article was one of many that reported on Stuff Journalist Annemarie Quillattempts to silence Bethlehem College’s statement of values, where they noted that the school held a traditional view of marriage. Once Stuff was challenged about inaccuracies in the reporting, they said they would take the article down, but never did. 

Why do we at the Free Speech Union care about a single complaint to the Media Council against Stuff? When the media begins to operate as ‘guardians of acceptable narratives, rather than those who simply present the objective facts of important stories, they being to operate as the priesthood of modern orthodoxies. Public discussion is impoverished through this bias.

Ultimately, it's free speech that enables us to all contribute to important public discussions, but if we’re only being presented with one side, this isn’t possible. 

Without free speech, there is no free press. Submission on media merger Bill  

Last week, we submitted to the Economic Development, Science and Innovation Select Committee on the Government's Aotearoa New Zealand Public Media Bill, which will see Radio New Zealand (RNZ) and TVNZ merged into one media entity.

Freedom of the press and free speech are not the same thing. But they are inextricably entwined. Without the right to express ourselves freely, the press has no freedom to present differing accounts of what is happening in our nation. Therefore, free speech founds this crucial freedom and without a free press, democracy itself can quickly find itself on the rocks.  

Media Merger Submission

As Duncan Greive has pointed out, by operating as a not-for profit this entity is ‘likely to dominate NZ media’. The basic fact of the matter is the absence of a profit motive means the new organisation could far too easily undermine competitive voices by operating below cost. This will reduce the spectrum of views presented in our media.

Melissa Lee highlighted clearly when she spoke on this Bill in Parliament, there will also be implications for the diversity of perspectives available in this new media behemoth. One of the reasons for that is the organisation will not rely on advertising to the same extent as is currently required, meaning groups that pay to have their views exposed will no longer have that opportunity. 

Even more troublingly, there's the question of 'approved content' and this merger operating as a media behemoth, crushing diverse perspectives. RNZ Chief Executive, Paul Thompson, has made reference to these 'accepted truths', claiming that the merger is driven ‘in part by… the spread of disinformation.’

No organisation or society has ever been well-served by a sector claiming to have a monopoly on truth, be that the church, science, and certainly not the media. Without greater safeguards for free speech in the merger, we fear this is what will occur.  

Keen for some great content? Why not check some of this out? 

- Did you hear about VUWSA's (Victoria University of Wellington Student Association) decision to bar a mayoral candidate from participating in their mayoral candidate's debate, because of (insert cliche accusations)? Dane Giraud unpacks why handing over the moral hygiene to university students might not be the very best idea. 

- I was able to join Dr. Michael Johnstone and Dr. James Kierstead on the New Zealand Initiative Podcast to discuss the release of our University Ranking Report, and why free speech needs to be defended on university campuses most of all.  

- Recently released on the Free Speech Union podcast, I sat down with three council candidates to discuss democracy in action in local government. This is not one to miss, with some spicier moments than expected.

Each generation before us has been aware that free speech isn't free. Let's not take it for granted. If you stay in the fight with us, we'll keep standing for all of our freedom to speak openly, without fear.  

Thank you for your support. 


Jonathan Ayling

Free Speech Union

P.S. Voting papers for local council elections have been sent today, and Kiwis will begin voting next week. As promised, we'll be distributing a voting guide with responses from hundreds of candidates to show those who will stand for free speech. Keep an eye out for this when we send it early next week. 

Free Speech Union (New Zealand) Incorporated · New Zealand
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Authorised by J. Ayling, Free Speech Union, Level 4, 117 Lambton Quay, Wellington.


Free speech is crucial, but not enough- we all need to contribute

When recently attending the Free Speech Unions event at the University of Otago, I was struck by two thoughts: who was there, and who wasnt. 

I have already come to realise I traverse two increasingly separate worlds.  As a student, in the shadow of the ivory tower of academia, intersectionality, anti-racism, post-colonialism, and the destruction of anything old, white, and male reign supreme. Yet, among my wider family - and to many others in this country - these ideas butt up against the values which have enabled us to build this liberal democratic society. As an example, in the views of the latter group, co-governance is perceived as an unjustified exception to the principle of equal universal suffrage, which many have fought and died for. Whereas, in uni-land, it is seen as the opposite: a necessity to fix past injustice. 

In between these two worlds, day-by-day, tension is growing as they diverge further apart. We are becoming a polarised country. It seems clear to me, that the only way to resolve these tensions within society is dialogue. Robust, critical, unrestricted, and open dialogue - and the fostering of a spirit of curiosity to understand the others world view. 

Consequently, I find the failure of anyone on the political Left to turn up to the event hosted by the Free Speech Union at Otago University, which sought to both protect and define the limits of freedom of speech, highly disappointing.

If freedom of speech means anything, it means giving others the right to say things you do not want to hear, even if these things appear upsetting or abhorrent. Moreover, up until very recent times the university has, as an institution, held itself out to be the arena in which all and any ideas can be contested - believing that it is only in this contest, no matter how difficult or controversial it may be, that truth can be found.

However, it now seems that many (perhaps most) within the university system refuse to contribute to this contest. Moreover, for the most controversial topics, they even refuse to allow it to occur at all. Then, when those in the other world get louder and more vexatious towards them in reply, they are outraged. They pursue an ideology that seems to censor anyone who rejects their world view. It is ideological hubris in the extreme.

All that said, I equally do not doubt that some people on the political Right simply wanted to use the event as a platform to hurl abuse. Their ad hominem attacks did not focus on the contest of ideas; they played the person, not the ball, and through this stifled genuine debate. I find it difficult to reconcile what I heard at points within the event with what I believe is freedom of speechs requisite duty; the duty to allow others to speak – and the duty to then listen. 

Whilst, to his credit, Peter Williams did guide the panel (of Michael Woodhouse MP, James McDowall MP, and Dunedin Mayoral candidate Lee Vandervis) in fielding difficult questions from the crowd despite these outbursts, it was clear this was not the productive debate it could have been. 

From the Left, there lacked the courage to front up and listen to those who think differently the courage to present their views on freedom of speech (and its limits) reasonably and rationally despite what they might have construed (probably correctly) as a hostile crowd. And from the Right the wisdom to control their emotions – to focus on reason – and give the debate the creditability it deserved. 

Thus, instead of leaving with a concept of freedom of speech befitting of both worlds, I was left in a relative quagmire. I agreed with what was said by the panel for the most part – but it was unchallenged – and I am the poorer from it. Moreover, the outbursts unfortuantely justified the Left’s refusal to attend. The steady march of polarisation within our country carries on. 

Free speech has been the foundation on which liberal democracy has been built. In all its imperfectection, I believe it remains demonstrably the best option available. The work of the Free Speech Union to protect the crucial liberty of speech, from both the Left and the Right is thus crucial.  Yet free speech is in itself not the full solution. It takes each of us to show up and respect the other side for the peace and stability we enjoy in our country to be maintained.


 *Tomas O’Brien is a supporter of the Free Speech Union and law student at Otago University