But Names Will Never Hurt Me: Extending Hate Speech Legislation to Protect Gender and Sexual Minorities in New Zealand

45 Pages Posted: 30 Apr 2015 Last revised: 5 May 2015

See all articles by Vanessa Haggie

Vanessa Haggie

Victoria University of Wellington, Te Herenga Waka - Faculty of Law, Student/Alumni

Date Written: 2013

Abstract

Hate speech legislation involves a fundamental conflict with the right to freedom of expression. However, it is a conflict that can be justified in a constitutional framework in which free speech is not paramount and can be balanced against other rights and freedoms. This paper discusses the concept of “hate speech” legislation, the conflict between freedom of expression and hate speech censorship, and ways in which these seemingly-incompatible concepts might be harmonised. It considers, drawing on legislation and case law from other jurisdictions, and in light of the Marriage (Definition of Marriage) Amendment Act 2013, the possibility of extending such legislation to protect gender and sexual minorities in New Zealand, and suggests a potential framework for such legislative change.

Any provision concerning hate speech must avoid overreaching into the realm of free expression. As a result, ‘hate speech’ should be clearly defined and narrowly focussed in scope, as words or matter which “exposes or tends to expose to hatred or contempt” the minority group at which the protection is aimed. In New Zealand’s constitutional/rights framework, this limitation on freedom of expression can be justified as reasonable and appropriate. While hate speech legislation does create a conflict with freedom of expression, to protect hate speech at the risk of perpetuating harm, discrimination, marginalisation and silencing is not appropriate. It sends the message that the voice of hate speakers is worth more than that of minorities, and undervalues the dignity and social assurance of those minority groups as valued members of society.

Keywords: Hate speech, freedom of expression, Marriage Amendment Act, discrimination

JEL Classification: K10, K30

Suggested Citation

Haggie, Vanessa, But Names Will Never Hurt Me: Extending Hate Speech Legislation to Protect Gender and Sexual Minorities in New Zealand (2013). Victoria University of Wellington Legal Research Paper Series Student/Alumni Paper No. 5/2015, Available at SSRN: https://ssrn.com/abstract=2598455

Vanessa Haggie (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, 6140
New Zealand

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