Hate Speech Proposals - A Consideration

Abstract

This paper examines the Report of the Royal Commission of Inquiry into the 15 March 2019 terrorist attack in Christchurch, New Zealand and focusses on proposals to reconsider provisions of the existing law about “hate speech”. The paper considers the existing law contained within the Human Rights Act 1993 and then goes on the consider the critique of the existing law undertaken by the Commission. The paper also considers the Commissions proposals for a “hate speech” offence to be incorporated in the Crimes Act – a proposal which, in the opinion of this commentator is too wide and does unnecessary violence to the freedom of expression. An alternative and more limited offence is proposed which fulfils the objectives stated by the Commission yet maintains an environment for the robust level of discourse so vital in a free and democratic society.

Keywords: Hate Speech, Legislation, Freedom of Expression

JEL Classification: K10, K30, K40