As you know, one of the things we do here at the Free Speech Union is go into battle daily on behalf of Kiwis facing censorship. This morning, we've been in Court in Auckland defending a member - I think her story is an important one for you to hear.

The cases we take on are almost always homegrown: would-be-censors attempting to control what fellow Kiwis say.

But Portia Mao’s case is different in one crucial respect.

She’s attempting to speak out against foreign interference in NZ by the world’s most powerful authoritarian regime: the Chinese Communist Party (CCP).

Portia is a Kiwi journalist who has worked on some of NZ’s most challenging investigative news stories. Portia and her family enthusiastically embraced the many freedoms of a democratic society when they emigrated here from China over two decades ago.

Most recently, she worked as a researcher with the Stuff Circuit team on a major exposé into the alarming rise of foreign interference in NZ by the CCP in a documentary released this year called The Long Game.

By having her name in the credits, Portia knew she could become a target.

Despite the risks, Portia’s research and reporting over many years has documented the experiences of a growing number of prominent pro-democracy dissidents from Mainland China and Hong Kong as well as supporters of Taiwanese independence who have been the targets of blackmail, surveillance, asset seizure, hacking, and even violence and kidnapping, much of this occurring on NZ soil.

Unfortunately, it doesn’t end there.

Politicians from both the National and Labour parties (and probably others, too) have been courted by suspected CCP proxies in an ongoing influence campaign. MPs from both parties have also been suspected of links to the CCP.

A small number of brave former MPs highly critical of CCP influence such as National’s Simon O’Connor and Labour’s Louisa Wall as well as academic Professor Anne-Marie Brady were even the targets of concerted surveillance and hacking by China during 2021 as revealed earlier this year.

Portia’s opponents would therefore like nothing better than to discredit her, if not silence her for her work.

And then, shockingly, in July this year the District Court helped Portia’s critics do just that.

All it took was legal action. The complainant, a man running in local body elections in Howick, East Auckland (and someone Portia had investigated back in 2019) had been repeatedly attacking Portia on a Chinese chat forum for her involvement in the Stuff documentary.

For a time, she ignored the man’s many derogatory articles and posts about her. But when he accused the NZ Government of being a “lackey to the United States”, Portia decided she’d had enough and retorted that in fact it was he who was being a “lackey” for the CCP.

The literal translation of the specific Chinese insult they both used for each other is “running dog”, or someone blindly loyal who does another’s bidding.

According to the complainant in his affidavit to the Court, receiving this label in a chat forum had caused him “serious emotional distress”. He requested the Court defend his honour, citing the Harmful Digital Communications Act (HDCA).

Portia was, therefore, barred under the HDCA from engaging in criticism of the complainant. This ban also extends to Portia encouraging anyone else to criticise the man. Violation of the order will result in a fine of anything between $5,000 and $20,000. Yes, this is happening in New Zealand, not China. 

You’re probably wondering what Portia said in her defence? Surely no NZ judge would take the complainant’s claims seriously?

Think again.

Not only did the judge decide in favour of the complainant, but Portia wasn’t even able to give a defence.

Why?

Because Portia was never notified by the Court about the case in the first place!

The first thing she knew of the legal action against her was when a friend told her the complainant was gloating on a chat forum about his win. He’d even posted the Court summary online for everyone to see.

When Portia spoke to the District Court clerk, she discovered that only one attempt had been made to notify her by email of the legal proceedings, an email which had bounced back. Turns out, the court didn’t even have her correct email address!

This isn’t the first instance of ‘lawfare’ being waged against journalists by the individual in question. Another Kiwi Chinese journalist, Justin Wong writing for Stuff, has since been targeted with similar legal action for reporting on Portia’s experience.

If we don’t help Portia push back against this cynical manipulation of a poorly drafted law, her experience will serve to intimidate anyone else in the NZ Chinese community who dares to speak up.

The Free Speech Union is funding her defence. We have had longstanding concerns about the Harmful Digital Communications Act (with fears of manipulation just like this one). We have expressed these concerns to Ministers and other decision makers, but this case just proves our point.  

The very simple point is, despite all your or my good intentions and concerns about free speech, if we don't have donors enable this work, it will stop. The Free Speech Union is a rapid response unit, ready to counter the attacks of would-be-censors. But we can't do it alone.

The FSU is assisting Portia in her legal challenge, and that is only possible because of the generous support of lawyers who offer very cheap rates, and the generous support of donors. 

Not only have we organised representation for Portia, but we want to get her story out to as many Kiwis as we can. A situation like this one requires people power, moral support, and resources.

“Courage is the greatest of human qualities,” wrote Aristotle, “because it is the quality which guarantees all the others.”

In this respect, Portia’s courage as a journalist is the epitome of democratic citizenship.

If that isn’t truly Kiwi, then I don’t know what is.

Dr. Roderick Mulgan Council Chair Free Speech Union www.fsu.nz

P.S. Citizenship in a democracy isn’t simply about a piece of paper. And it certainly isn’t about where you were born.

Every ANZAC Day, we honour the brave sacrifice of Kiwis who fought to defend fundamental democratic rights such as freedom of speech and due process of law against dictatorship.

If we don't stand with Portia now, who will? Would you consider supporting our work today?