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