The Free Speech Union can now comment on a case that, until today, was suppressed by the Courts, where Lower Hutt Mayor Campbell Barry silenced scrutiny from local ratepayers claiming he suffered “serious emotional distress” under the Harmful Digital Communications Act (HDCA). This is an outrageous weaponisation of our law using it to seek cover from political challenge, says Jonathan Ayling, Chief Executive of the Free Speech Union.

“Campbell Barry weaponised the HDCA to silence comments by local ratepayers on a Facebook page called Hutt City Council – The Truth Exposed. The Free Speech Union has supported our member Chris Milne, an administrator of the page, who was silenced by the law after he exposed concerns over Barry’s credibility.

“This included that Barry constructed an unconsented flat on his property and used his knowledge of rezoning to purchase property at significantly reduced costs. Barry claimed he’d been subject to “high levels of abuse” because of the Facebook posts.

“When a mayor can use our law to hide from exposure, we’re in big trouble. Public scrutiny is key to democracy. Speech allows us to hold leaders to account. Lawyers gagging critics is the opposite of this.

“Barry claims this has caused “serious emotional distress” to him and his wife. But the Facebook posts are legitimate critique directly related to Barry’s conduct as Mayor, his character, and whether he is fit for office. It’s outrageous that a mayor would silence ratepayers’ voices, and even more so that New Zealand law is vague enough to allow it.

“This is not the first time we’ve come up against the Hutt City Council as we took them to Court when they censored inserts of local newspapers. Nor is it the first time we’ve seen the HDCA silence speech. We’ve also represented Portia Mao, the journalist who was silenced for investigating the Chinese Communist Party.

“Kiwis deserve to speak freely and hold their leaders to account; mayors are no exception.”

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