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My Submission to Government Re: Proposed Hate Speech Laws

1/7/2021

16 Comments

 
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The government’s discussion document is here.

Personal submissions from NZers can be submitted here until August 6th.

Have your say!

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Over the last few years, I’ve already written a boat-load of articles covering the issue of Freedom of Speech.  Here’s a handful of those:

We Must Speak Freely - It's Holy Ground!

The Human Rights Commission & Free Speech

Rhetoric Doesn’t Kill People, Violence Does: New Zealand’s Anger, Sorrow & Worry

What Happened to Renaud Camus is Coming to NZ

Little Truth Does He Know

Satire Died a Quick Death in New Zealand

Kiwis Just Put Their Money Where Their Mouths Are

There is no Measure for Hate Speech

Criminalising Hate Speech - an Affront to Our Natural Liberties


Ardern Intent on Smashing Free Speech

Now that our government is asking for citizen submissions from New Zealanders to put forth their thoughts on the proposed hate speech laws, I thought I’d publish my submission to encourage other folks to make their own before August 6th.

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Submitted to Incitement of Hatred and Discrimination in Aotearoa New Zealand Submitted on 2021-06-30 12:25:06

Proposal 1:
Change the language in the incitement provisions so that they protect more groups that are targeted by hateful speech

Do you agree that broadening the incitement provisions in this way will better protect these groups?

No

Why or why not?:

Hateful speech is not a crime and should remain not a crime.
Inciting violence, death or grievous bodily harm toward an individual or individuals is a crime and should remain a crime.


In your opinion, which groups should be protected by this change?
Groups:

None.

“Groups” is sloppy political rhetoric by those who advance collectivist groupthink. There is no such entity as a group, there are only individuals.
Legal individual rights and citizen protections apply to individuals.


Do you think that there are any groups that experience hateful speech that would not be protected by this change?
Groups not protected:

Indeed. All individual citizens who do not actively identify with a particular group, which is most of NZ.

Proposal 2:
Replace the existing criminal provision with a new criminal offence in the Crimes Act that is clearer and more effective

Do you agree that changing the wording of the criminal provision in this way will make it clearer and simpler to understand?

No

Why or why not?:

No. The waters have already been muddied by Section 61 which encourages groupthink along the lines of race, colour and ethnicity.
All NZ citizens are individuals deserving of protections under the law concerning their physical safety, including their private property, no matter what race they are.


Do you think that this proposal would capture the types of behaviours that should be unlawful under the new offence?

No

Why or why not?:

Nobody needs to be protected from verbal abuse or insulting speech by the law.
It is already a criminal offence to incite violence, death or grievous bodily harm toward any individual.

While nobody enjoys being insulted or verbally abused, it should not fall into the category of being a crime unless it meets the threshold of libel or defamation causing actual harm to a person’s good name or reputation.


Proposal 3:
Increase the punishment for the criminal offence to up to three years’ imprisonment or a fine of up to $50,000 to better reflect its seriousness

Do you think that this penalty appropriately reflects the seriousness of the crime?

No

Why or why not?:

It is utterly ridiculous to even consider sending people to prison or fining them for offending someone’s feelings. This is an abuse of state power.

If you disagree, what crimes should be used as an appropriate comparison?
Proposal Three: If disagree what crimes should be used as comparison:

Exercising the right to an expressed opinion should not be a crime unless it meets the high threshold of libel or defamation causing significant damage to a person’s reputation.

Proposal 4:
Change the language of the civil incitement provision to better match the changes being made to the criminal provision

Do you support changing this language in section 61?

No

Why or why not?:

Hatred and contempt are feelings. No law, either civil or criminal, should be making legislation around people’s feelings. This is absurd on its face.

Do you think that any other parts of the current wording of the civil provision should be changed?

Yes

Why or why not?:

The Human Rights Act should not trump our Bill of Rights Article 14:
Freedom of Speech
"Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form."


Proposal 5:
Change the civil provision so that it makes 'incitement to discrimination' against the law

Do you support including the prohibition of incitement to discriminate in section 61?

No

Why or why not?:

People should be free to judge/discriminate in their expressed opinions about anything or anyone without fear of the law. What matters is that all citizens are equally protected under the law when it comes to physical harm, injury or property. This new law will create crimes with no actual victims.
Hurt feelings are not a basis on which to create laws.


Proposal 6:
​Add to the grounds of discrimination in the Human Rights Act to clarify that trans, gender diverse, and intersex people are protected from discrimination

Do you consider that this terminology is appropriate?

No

Why or why not?:

It’s utterly appalling to legislate around hurt feelings.

Do you think that this proposal sufficiently covers the groups that should be protected from discrimination under the Human Rights Act?

No

Why or why not?:

This proposal will do nothing except create totalitarian laws which discriminate against a citizen's right to freedom of expression and open debates. It is anti liberty, anti civilisation and anti human flourishing.
It will only create a seething underbelly of hatred toward our laws and towards those who write them and those who enforce them.
In short, this entire proposal will turn our democracy against itself by creating unprecedented divisions amongst its people.

It’s undemocratic.

Do you consider that this proposal appropriately protects culturally specific gender identities, including takat■pui? 
Not Answered
Why or why not?:

16 Comments
Neil Moon
30/6/2021 05:55:56 pm

Prime Minister Jacinda Ardern has joked the proposed hate speech law change won’t protect Judith Collins from being called a 'Karen'

Oh that's caring. It also won't protect white males from being called pale and stale by the racist, sexist and ageist Green party.

Reply
John Hurley
30/6/2021 07:16:50 pm

My eyes just glazed over. This coding of behaviour drives me nuts.

I was intrigued by something I heard on talkback it was Sean Plunket, Paddy Gower and Lois of Manawatu. She was speaking from here intuitions and couldn't explain herself.
https://www.youtube.com/watch?v=E5ACElt2GoY&t=189s

Reply
Olivia
30/6/2021 07:32:34 pm

Notice with Jacinda in that clip it’s always about minority groups groups groups. Never about the individual. She’s such a thorough collectivist to the core.

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.” - Ayn Rand

Reply
stewart Bennett
4/7/2021 06:34:34 am

Oliva...EXACTLY.

Reply
Paul Christensen
30/6/2021 08:21:21 pm

A superb, crystal clear defence of free speech and individual rights. Government has no place there!

Reply
Jean
30/6/2021 11:41:33 pm

Regarding: The proposals in this document relate specifically to speech that incites hatred against a group. How do you separate "hate speech" from "truth speech" ? Islam arose as a polity in Medina 1400 years ago, provided clear rules on the distribution of goods obtained by raiding trade caravans, assault of individuals and attacks and seizing the land & wealth of pagans, Christians and Jews. Thus achieving to leave Arabia only for Islam. This is truth speech.

Reply
Olivia
1/7/2021 12:22:45 am

It’s simply not a government’s job in the free world to care who hates whom, or who says what to whom. That is up to the liberty of individual citizens according to their own conscience.
The only thing that government should concern itself with is protecting individual rights, and that most assuredly includes protecting our right to speak freely without fear of violence, fines or imprisonment.

Reply
jean
1/7/2021 12:21:33 am

when is it a phobia and when is it a rational conclusion ?

Reply
Olivia
1/7/2021 12:26:55 am

I believe the profession of diagnosing phobias properly belongs to psychiatry, not government. :-)

Reply
jean
1/7/2021 12:30:49 am

A phobia is an irrational fear of anything. Is fear of Islam phobia? The sword and the Scimitar: The Roman emperor rejected Muhammed`s order to abandon Christianity and convert to Islam unleashing centuries of Jihad on Christendom. The invasion of Spain started with a demand for 300 blond virgins. Is rape a phobia? The regular invasion and pillage of Mediterranean lands, seizing people for slavery, etc or burning (scorched earth). whole populations of small islands abducted. Jihad is revived: is murder a phobia?

Reply
jo
1/7/2021 12:33:30 am

If we deny the history of Islam, do we deny the history of colonialism in New Zealand and Australia ?

Reply
Doug Longmire
1/7/2021 04:06:10 pm

We do not deny it, jo.
It is being rammed down our throats constantly.

Reply
Doug Longmire
1/7/2021 02:22:18 pm

Here is a statement of fact:-
"Pre European Maori were a primitive, stone age people. Slavery, cannibalism, infanticide, and inter tribal warfare and slaughter was rampant."
Under the proposed "hate speech" laws. this would be illegal.

Reply
Paul Croft
7/7/2021 01:28:33 am

Submitted. Thanks for sharing your response.

Reply
Doug Longmire
8/7/2021 02:39:46 pm

And the bottom line is:- No matter what is said, there will be someone, somewhere who is offended. i.e. "insulted" So there really is no limit to the lengths that this stupid new legislation will go to.

Reply
Paul Scott
10/7/2021 07:33:04 pm

I read in Lindsay's column that Gordon McLachlan called New Zealanders " happy zombies" or some such accuracy. There is no way you will get New Zealanders to see that Ardern has placed us in the forefront of the Globalist program of a new World Order with Orwell's 1984 almost as an instruction manual. New Zealand is lost. We have the most cowardly weak men in the Western World, at a time when only fury and action could avert disaster. . I know of no man in New Zealand who even had the guts to view the Tarrant false flag video and draw the obvious conclusions.

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