Proposed tougher hate speech laws get mixed reactions

June 26, 2021

Transgender woman Lexie Matheson says the proposed hate speech law is “immensely important”.

The Government’s proposal to to protect groups based on religion and gender under hate speech and discrimination legislation is being welcomed by advocates, but criticised by others. 

Temel Atacocugu, a survivor of the Christchurch terrorist attacks, said the protection was very important for his community. 

“It is very stressful because we are still traumatised and we can't handle the hate speech in the public, on the media, or on the social media too.”

Lexie Matheson, who is transgender, said protection was “immensely important” for minorities who normally “just cop it”. 

Matheson said she frequently received death threats, with two just yesterday.

Transgender weightlifter Laurel Hubbard was in the spotlight this week after being selected to represent New Zealand in the Olympics. It resulted in many offensive comments online. 

The Free Speech Coalition’s David Cumin said while the comments toward Hubbard were “certainly offensive”, he doesn’t think someone who says them should be put in jail for up to three years, as the legislation proposes. 

The Government is also proposing raising fines to up to $50,000. 

“All Kiwis should be able to express their opinions, express their beliefs, however controversial.”

Justice Minister Kris Faafoi said the types of comments toward Hubbard wouldn’t likely meet the prosecution test because it’s not targeted at a group. 

He said one-on-one hatred isn’t necessarily covered under the law changes, and the bar will be higher when defining hate speech. 

“I think I've said earlier, people will say stupid things,” he said. 

“Nasty things are one thing, inciting hatred against a group are another thing.”

Faafoi said freedom of speech is protected, but isn’t absolute. 

Today, the Government announced it wanted feedback on sweeping proposals to alter New Zealand's hate speech law. The proposed changes come from the recommendations set out in the Royal Commission of Inquiry into the March 15 attacks.

Changes to hate speech law and a proposal to make it illegal to incite others to discriminate against a protected group are on the cards. There are proposals to add protections for discrimination against transgender, gender diverse and intersex people in the Human Rights Act. 

Currently, prosecutions for discrimination can be made on the basis of race. 

The current punishment under the human rights act is a $7000 fine and three months imprisonment. 

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