Media Statement Regarding the Removal of Hate Speech from the Legal Responses to Hate work project of Te Aka Matua o Te Ture | The Law Commission
The Asian Legal Network is disappointed with Minister Paul Goldsmith instructing Te Aka Matua o Te Ture | The Law Commission to stop all work on hate speech in the Commission’s “Legal Responses to Hate” project. This makes Asian communities more unsafe and we strongly encourage the minister to reverse course.
Hate incidents disproportionately target Asian communities. Of the 9351 hate incidents reported between January 2022 and January 2024, more than a third targeted people of Asian descent, followed by 8.9 percent aimed at people of colour and 7.2 percent targeting Māori. Only a few years earlier, there was a rise in instances of Asian hate and xenophobia related to the Covid-19 pandemic.
Hate speech is harmful. Hate speech also emboldens other hate crimes. Globally, the United Nations Secretary-General António Guterres has stated that hate speech is often a “precursor to atrocity crimes, violence, mass killings and genocide”.
In fact, Te Aka Matua o Te Ture’s work on hate speech directly responded to a specific recommendation of the Royal Commission of Inquiry into the Attack on Christchurch Mosques on 15 March 2019.
Many other communities are also affected by hate speech. There has been a noticeable rise in hate targeting transgender and non-binary people in Aotearoa. As The Disinformation Project found, this harm and hate measurably increased in volume and tone during the visit of UK-based anti-transgender activist Kellie-Jay Keen-Minshull. And only this week, a Gisborne rainbow street crossing was vandalised, before by a protest by Destiny Church members against a drag queen library performance.
Hate speech emboldens further hate.
The minister’s instruction will also likely undermine Te Aka Matua o Te Ture’s efforts to continue its work on legal responses to hate-motivated offending (“hate crimes”). As the Royal Commission found, “there is a link between hate speech and hate crime”. Without examining the interplay of both, and potential legal responses, this risks leading to an incomplete understanding and a less effective legal mechanism, leaving our communities unsafe.
Free speech is not a freedom from consequences. And hate speech makes our communities less free.
Ironically, the best way to protect free speech, while protecting our communities from hate speech, is through informed discussion, debate and examination. This is what Te Aka Matua o Te Ture could provide.
We ask that the Minister request hate speech be returned to Te Aka Matua o Te Ture’s work programme through their Legal Responses to Hate project.