In response to a white supremacist massacre in Christchurch two years ago that murdered 51 Muslims, New Zealand’s government stated on Friday that it aims to enhance the country’s hate speech legislation and boost penalties for promoting hatred and bigotry.
The proposal comes after a Royal Commission of Inquiry following the March 15, 2019 incident suggested that hate speech and hate crime laws be changed, claiming that they were ineffective deterrents for persons who target religious and other minority groups.
According to the Royal Commission, New Zealand’s hate speech legislation have resulted in only one prosecution and two civil claims thus far.
“Protecting our right to freedom of expression while balancing that right with protections against ‘hate speech is something that requires careful consideration and a wide range of input,” Justice Minister Kris Faafoi said at a news conference.
“Building social cohesion, inclusion and valuing diversity can also be a powerful means of countering the actions of those who seek to spread or entrench discrimination and hatred.”
The administration suggested new hate speech criminal offences that it claimed would be more clear and effective.
According to the plan, anyone who “intentionally stirs up, maintains, or normalises hatred” by being threatening, abusive, or insulting, including by encouraging violence, would be breaking the law.
The maximum penalty for such crimes would be three years in prison or a fine of up to 50,000 New Zealand dollars ($35,000). At the moment, the penalty is up to 7,000 New Zealand dollars ($4,950) in fines or three months in prison.
It also proposed provisions that would protect trans, gender diverse and intersex people from discrimination. Current laws only target speech that “excite hostility” against a person or group on the grounds of their color, race, or ethnicity. The plans are now available for public comment.
According to Radio New Zealand, the government is also considering modifying the terms of the Human Rights Act and expanding the inciting provisions.But it has not yet been decided which groups will be added.
At the moment, the only conduct that is deemed a crime is using speech to “excite animosity” or “bring into contempt” a person or group based on their color, race, or ethnicity. Gender identity, sexual orientation, religion, and disability, on the other hand, are not considered protected characteristics.
Brenton Tarrant, an Australian, opened fire on Muslim worshippers in two mosques in Christchurch, killing 51 people and injuring dozens more. He streamed the massacre live on Facebook shortly after writing a racist manifesto online.
With bipartisan support, New Zealand quickly outlawed the sale of the high-capacity semi-automatic guns used by Tarrant.
Tarrant was sentenced to life in prison without the possibility of release by a judge in August 2020, the first time such a sentence has been handed down by a New Zealand court.
Changes to hate speech regulations, on the other hand, have been more divisive, with certain political parties claiming that they will stifle free expression.
“The government’s proposed hate speech laws are a huge win for cancel culture and will create an even more divided society,” New Zealand’s smaller ACT Party leader David Seymour said in a statement.
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