17 March 2005
‘Hate speech’ laws threaten freedom and democracy
Maxim Institute today warned the Government Administration committee inquiry that so called ‘hate speech’ laws are
totally unnecessary and threaten freedom of expression and the democratic process.
“Further legislation to prohibit ‘hate speech’ is not warranted and would be an unjustified limitation on the rights of
free thought, free expression, and freedom to practice religion which are expressly affirmed by the New Zealand Bill of
Rights Act 1990,” said Maxim’s legal counsel, Nicki Taylor.
“Existing legislation already provides adequate restraint on speech and publication so there is no need for any more
laws. The inquiry is considering a solution that is looking for a problem,” said Mrs Taylor.
Maxim Institute submitted that any new restrictions on ‘hate speech’ would be an unconstitutional use of Parliament’s
power.
“The inevitable consequence of this sort of legislation is a reduction in freedom of expression which violates our Bill
of Rights. Once a legislature begins to restrict fundamental rights and freedoms on a legally undefined and unsupported
basis, it puts itself in a dangerous position,” said Nicki Taylor.
Maxim submitted that group protection which restricts the freedom of expression limits the ability of all citizens to
participate equally in the democratic process.
“Political discourse would be severely limited, no longer would we all be equal before the law and democracy is
ultimately undermined. ‘Hate speech’ laws make the government of the day the arbiter of what is right and wrong and
would shut down political dissent.”
“The inquiry should quickly conclude that new laws are not needed,” said Nicki Taylor
ENDS