Körero Whakamauähara : Hate Speech Introduction In a free society, the central question arising from any debate about hate speech and the law is where to draw the line. How do we determine the boundary between expression that is hateful or morally objectionable, though lawful, and that which is of such a harmful nature that it should be subject to legal sanctions? The term hate speech can be misleading because it is often used loosely and pejoratively to imply a moral breach and is directed at the speech or expression itself. However, hate speech laws are not intended to protect people from offence or to supress ideas. They are targeted at the effect that the expression has on the minds of third parties. Hate speech laws in a number of countries were drafted in the post-World War II era, where the focus was on supressing racially motivated hate speech rather than speech directed at other types of personal characteristics. However, in recent years discussion about the type of hate speech that should be prohibited has widened. This has led to changes in the law in countries such as England, Canada and Australia. In New Zealand, there have been similar public discussions about what kind of speech, if any, should be subject to regulation. Discussions of this nature require consideration of both the right to freedom of expression (which includes the right to freedom of opinion), and the right to equality and non-discrimination. These two rights are set out in various international human rights treaties and in the New Zealand Bill of Rights Act 1990. The right to freedom of expression is a qualified right meaning that it can be restricted in certain circumstances. This paper aims to provide readers with information about the legal regulation of hate speech under international and domestic laws. The first part of this paper provides an overview of what hate speech laws are and provides arguments for and against them. The second part sets out the international laws that regulate speech. The third part of the paper provides information on the current regulation of hate speech in New Zealand. Lastly, it looks at hate speech laws in similar jurisdictions to New Zealand. 3

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