Human Rights Commission
Media Release
5 May 2005
Balance "about right" Hate Speech Inquiry told
New Zealand has the balance "about right" in relation to the freedom of expression and the protection of minority and
vulnerable groups, the Human Rights Commission told the Inquiry into Hate Speech today
"The vast majority of New Zealanders deplore hate speech and the harm it can cause individuals and groups. But
legislation alone is limited in curbing the most harmful effects of hate speech. The Commission believes the promotion
of positive relations between groups in society through education and public awareness are equally important," says
Commissioner Judy McGregor.
New Zealand has ratified international covenants on both the right to freedom of expression and on the prevention of
racial hatred, covering the incitement of hostility, violence and racial disharmony. It has also legislated domestically
for freedom of expression in the New Zealand Bill of Rights Act, 1990, and against racial hatred in the Human Rights
Act.
The Human Rights Act contains two sections dealing with the excitement and incitement of racial disharmony.
"Section 61 of the Human Rights Act, which deals with the excitement of racial disharmony, should be retained. It
provides a precautionary framework for serious racial hatred and demonstrates the commitment of the legislature to
vulnerable and disadvantaged groups and their protection from serious harm. This is despite the high threshold at which
it takes effect.
"We believe that material must be assessed in the context in which it is made or published when deciding whether it is
likely to excite racial disharmony," Dr McGregor says.
"However, deliberate or intentional incitement at the more serious end of the scale should be treated in the same way as
any other criminal offence and accordingly we propose that section 131 of the Human Rights Act 1990 should be replaced
by criminal legislation covering race, colour, nationality, religion, gender identity, sexual orientation, age or
disability."
The New Zealand Bill of Rights Act 1990 has had the positive effect of progressively influencing law-makers, judges,
policy-makers and public thinking about the importance of freedom of expression as a fundamental human right in a modern
democracy. At the same time the present restraints on hate speech constitute a justifiable limitation under s.5 of the
Bill of Rights.
ENDS