The Terms of Reference released by the Law Commission into a review of potential ‘hate crime’ laws illustrate yet again the unavoidable subjectivity of ‘hate’, and the fool’s errand it is to try and use legislation as a way to suppress it, says Jonathan Ayling, Chief Executive of the Free Speech Union.

“This review will consider whether the law should be changed to include ‘hate-motivated’ offences as a distinct category. It is unclear what this would achieve, seeming to needlessly invite commentary on whether the law has simply been broken, or whether the law has been broken for ‘hateful’ reasons. Crime is crime, and it should be treated as such under the law.  

“Further, it is entirely unclear what definition will be used to define ‘hate-motivation’, and it seems very likely to remain unclear as this review progresses.

“Where individuals and groups in our society are targets of hatred, we need to work to counter this. But no jurisdiction in the world has been able to objectively define ‘hate’ through legislation, and asking our police to make this judgment is a fool’s errand for those who have much better things to do with their time.

“‘Hate crime’ law has no place in a liberal democracy that values freedom of speech, freedom of conscience, and the rule of law. It has the same fundamental issues as ‘hate speech’ law.

“Law that depends on subjectivity and ideology has no place in New Zealand. Paul Goldsmith should know better than to ask dumb questions- he'll get stupid answers.  

“Throwing red paint on an MPs office in response to the conflict in Gaza? Defacing an instillation of the English version of the Treaty in Te Papa? Vandalising a rainbow pedestrian street crossing? All of these are criminal offences- all should be addressed appropriately under the law. But which of these is a ‘hate crime’?    

“We successfully led the charge against the introduction of ‘hate speech’ laws, and also the DIA’s online censorship regime; we have opposed premature and extra-legal police training into ‘hate speech’ and ‘hate crime’. We will also push back against this nonsense attempt to address a legitimate concern through the most illegitimate means.

“The Free Speech Union will continue to reject the push for ‘hate crime’ law in New Zealand and will facilitate feedback for the Law Commission once the review is open for public consultation.”

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