Chilling_Silence's blogFreedom of Speech in New Zealand – PC gone mad?
Disclaimer: I am not a lawyer, please don’t take the below as gospel, and where matters of law are directly concerning you, please seek professional legal advice above mine.
After the recent saga with Paul Henry over comments about the Governor General and Sheila Dikshit, then Michael Laws had to jump in and have his 2c in the matter (Can’t let the spotlight be off him for too long), it had me wondering what we actually are and aren’t allowed to say or do here in this beautiful home we call New Zealand.
I was especially angry over comments that Hone Harawira had made in the past, over the white man r@ping and pillaging his land, not to mention that he wouldn’t ever let his kids date a white kid. Pita Sharples jumps on the bandwagon and calls for Paul Henry to be sacked, when he didn’t have the balls himself to sack Hone Harawira over his comments. Hypocritical much?
Regardless, what are their rights? What about your rights and my rights? Should somebody have been sacked? Should Paul Henry have left? I’m not a lawyer, but with some quick digging, here’s what I’ve uncovered about your rights in New Zealand.
Well, it turns out that in New Zealand we don’t have the same “Freedom of Speech” laws as the US, however we do have Freedom of Expression.
http://www.hrc.co.nz/report/chapters/chapter08/expression01.html
This references to section 14 of the New Zealand Bill of Rights Act 1990, there is a right to freedom of expression:
Now I had the Human Rights Commission ring me back this afternoon to clarify a few things.
First off, I asked them what their stance was on Paul Henry.
Was Paul Henry out of line with his comments? Were they illegal?
Basically, he’s allowed to say what he said, he’s well within his rights, he’s not obliged to apologize (Even though he did on multiple occasions), and while it may be a morally grey area depending on your stance of comedy, he’s not crossed any legal boundaries.
However, he is still governed by other rules and guidelines, such as the guidelines of the company he works for. If you or I were to make a public statement while wearing your corporate apparel, your company may want to distance themselves from you or reprimand you in whatever way. In Paul Henrys instance, he’s obliged to follow the Free to Air TV Code, as set out by the Broadcasting Standards Authority of New Zealand:
http://www.bsa.govt.nz/codesstandards-freetv.php
In the introduction, you have item a), and regardless of if you find it funny or not, it’s realistically not of good taste and decency. Perhaps the first part of his comments about Sheilas surname, but where he then goes on further to comment about it being a suitable surname because she’s Indian (and brown). That comment really was of poor taste.
Therefor in this instance any sort of formal complains should be directed to TVNZ and the Broadcasting Standards Authority NZ.
Did he cross the line in that case? Quite probably. But what about only a week earlier?
Paul Henry was interviewing the Prime Minister John Key, talking about the Governor General, Sir Anand Satyanand, when Paul asked the Prime Minister if he would be hiring a Governor General who is “more of a New Zealander” next time.
Again, it’s not specifically illegal to state that kind of thing, it’s his opinion, but he’s well within his legal rights. However, again he must oblige to the standards set out by the Broadcasting Standards Authority NZ, and you can argue if it is or isn’t “of good taste and decency”.
Did it offend a few people? Yeah probably.
Is it illegal? Not at all.
Does it go against the broadcasting standards? Yes.
Was his speech racial? Does it matter according to the law? In a nutshell, the law basically (roughly) gives you the right to say what you want provided you aren’t stirring acts of violence, like genocide, or physical violence against somebody.
You wanna know the best part? While the Indian community is off kicking a stink and they’re internationally laying a formal complaint, it turns out they’re no better themselves:
What about Hone Harawira?
While it was highly distasteful what he said about “white man” and “his land”, same goes for him not wanting his kids to date white kids. He’s essentially allowed to say that and do as he pleases with that respect.
I can’t say I personally agree with his comments, but at the end of the day, Hone is fully within his rights to express himself in a non-violent manner, regardless of how colorful his speech was. He’s also within his rights to swear at other Uni students when question on-campus.
Essentially, because he is employed and voted in by his Party, he’s only got to worry about making sure his constituents will continue to vote for him. If his party leaders decide he’s too much of a liability, then he can be kicked off. Whilst he may not specifically voted in to his position in Government, his party is essentially free to keep him in parliament until he starts jeopardizing their ability to win votes. At least in a normal situation that would be the case, but because there are 7 (I believe? I’m not 100% up with the play of Maori in MMP in NZ) seats, he can basically get a free ride even if he pisses off the better portion of the population, simply because he’s Maori.
Most other MP’s would simply not be re-voted.
What about the likes of Vince Vaughn and the “electric cars are gay” comment?
“Ladies and gentlemen, electric cars are gay,” star Vince Vaughn says in the film trailer for The Dilemma, “I mean, not homosexual gay, but my-parents-are-chaperoning-the-dance gay”.
Had Vince Vaughn made this comment in New Zealand, how would it be handled?
Again, technically speaking due to our right to freedom of expression, there’s nothing wrong with this comment because it’s not inciting violence.
They were discussing it on The Edge radio this morning as a follow-up from discussing Paul Henry. While I was on hold about to go on the air, somebody commented that perhaps the word used should have been “lame” instead, so as not to offend the people of the homosexual community.
Naturally my turn on the air and I said “That’s all very well and good, but how do you feel if you can’t walk”. Laughter ensued, though none of us were certain of the answer. Either way, somebody would have been offended.
AÂ person or two later mentions that the word “gay” had been stolen by the homosexual community, that it used to mean “happy”. However you couldn’t say that electric cars are stupid, or how would somebody with a learning disability or handicap handle it. Again, the person had a good point.
The problem? The solution?
The problem is that people will always use colorful words to describe things they dislike. I’m not sure why, perhaps it’s some built-in coping mechanism that us humans use to help us to feel better, by putting down other things to raise ourselves up?
In this country, we are permitted to describe things as colorful as we like, provided we aren’t inciting violence.
I spoke with the Human Rights Commission, and I’m allowed to stand on the street corner and shout out my religious views. I’m allowed to be athiest and tell people God doesn’t exist, that’s just expressing an opinion. I’m allowed to be Christian and tell people they’re going to hell. Provided I’m not actually calling people to violence, I have the right to express my religion, my views, thought, or pretty much anything.
Am I allowed to blog my thoughts? Sure, though there are other things like defamation laws that may come into play I suppose if I start picking on particular people and making up things that aren’t true.
Same for if I’m posting on internet forums, I can say almost anything I like, good or bad, though I may have to adhere to their own rules and regulations of posting if I want to retain membership.
Does that make it morally right for me to do-so? Will I win friends? Will I gain or lose ratings on TV or radio?
No.
Will you go prison for it? Again, no.
The question you have to ask is this:
Where do you draw the line when you’re saying things like that?
What can be done about it?
You can lodge formal complaints.
With the Human Rights Commission, with local government bodies, with peoples employers.
However, when all is said and done, at the end of the day people are going to get offended from time to time, it’s part of life, and one thing that has personally become quite clear is that people are getting incredibly sensitive these days and need to learn to simply live and let live, even if somebody may be offending you in some form or another.
Learn to cope with things better, comments that may have offended you in the past, you don’t have to run and cry about them. Many of the people kicking up the biggest stink about these recent events are grown men and women, behaving like little kindergarten children.
At the end of the day, it’s not just their behavior that needs reviewing, or the sensationalism by the media, but your own, and my own behavior. How we respond to it makes all the difference.
Excellent post!
I suppose another way of looking at it is; you’re allowed to call person xyz whatever you like, and they have just as much right to call you that too (so long as you’re not saying anything inciting violence, eg ‘all xyz’s must die’). Example; I have the right to walk up to someone and call them fat, and they have just as much right to call me a dick.
Of course, all of this is encased in other laws; in the above example, if the police were called, I’m sure it would be their opinion that I was guilty of verbal assault.
My two cents.
Heya,
Thanks for commenting. Yeah, you’re right, defamation laws and the likes may still apply.
“How we respond to it makes all the difference.”
I love this statement. I’ve used it time and time again to tell people that in the end, you can take the higher road; how people see and treat you, you are responsible for, by the way you choose to act or react about things.
Them acting like children? Its funny how they are supposed to be professionals and yet they can be more immature then some 7 year olds I know.
I personally found the “dikshit” comment funny, and to top it off with, I AM Indian with a extremely unique name. It was funny because it was making ‘fun’ of.
Hone’s comments regarding raping and pillaging?, Was not making fun, but a direct accusation of all ‘white’ people and I personally HATE that kind of talk. It just reminded me of my experience back in the USA when 9/11 hit, (lol…hit…no pun intended), and I of all people, BORN ON THE SOUTH FLIPPIN’ PACIFIC !, was made fun of for being one of them terrorists crashing planes into things and strapping bombs to myself and blowing myself up.
All things childish, are taken seriously, and all things seriously, are taken as child’s play.
Mmm, well said. I totally agree.
I have got something for you folk. Here in Dunedin I went to one of the supermarkets, and saw again like many previous occassions, a completely veiled-up Muslim woman! I went to her like I have done in the past, and told her quote: “You should be ashamed of yourself wearing that face-veil, you live here in New Zealand under our rules, values etc. You do not live in the Middle East. The old adage, “When in Rome, be as the Romans and do as the Romans”. I, like many other people find those face-veils extremely intimidating, and does not fit in our Western society.” Unquote.
I went home and didn’t think anything of it, now comes it; I get a visit from the local police, he gives me the “inquisition” of that “incident, asks me what I had said etc etc. Because that Muslim woman, plus a couple of eyewitnesses had made a complaint to the cops, that the poor Muslim was “offended” by what I had said. I told this Officer that in certain parts of Europe the headscarfs and the face-veils are by law prohibited on the streets, but I said, our government wouldn’t have the balls to even think about that, let alone implement it. If we as infidel women would go to the Middle East, then we would have to follow their rules by wearing a headscarf, so if those Muslim women come to our society whereby everybody irrespective of religion, skin colour and creed deal with each other with open faces, then I think that those Muslims should also respect our rules and take off those medieval pieces of cloth and start to assimilate in our society. So, now in a few weeks I have to appear in Court on so-called, “disorderly behaviour” charges!!!!!!! This cop said, “Freedom of Speech is one thing, but you have crossed the line.”!! I and a few of our friends have said, “what line?” Thus, so much for Freedom of Expression of Speech”. This is an attack on my Freedom of Speech. I did not assault her, I didn’t bash her up, nothing of the sort, I only gave her a piece of my mind, my language was even not with swear words, even though I thought it. So, everybody out there, what do you think of that? Muslims seem to have the right to yell all sorts of vulgar opinions towards us as Westerners, feel offended by us eating pork, drinking alcohol etc, and nothing is done about that legally, and yet the minute that we say something or criticise against them, then they start making waves. Now this supermarket in question has put a trepass notice on me not to enter their premises for 2 years!! Outrageous just because I have the guts to speak up. A friend in the States said it was outrageous, PC gone totally mad, and if I had said that in America, then no police or courts would get involved, there are no laws against it. But here, crazy!
Yuet you are an offensive small minded creep
You have said what most people think, 1st good on you for speaking up. I wrote to the ODT so we will see if my letter gets printed. Can’t say what i really think cos they wont print the letter. If people cant see that this ideology is a complete and utter failure now with all the killing in ME – what will it take – a Nuke from Iran! As a fellow countryman/women I’m glad Holland has recognized that multiculturalism has failed and is taking steps finally to put the brakes on. I’m glad we don’t live in Europe any more, they have a rape and crime epidemic caused my poor immigration policy and spineless leaders. And don’t forget Geert Wilders was almost jailed for exercising his freedom of speech in Holland, people will wake up when we have blood on the streets and it affects them personally. Then again people still think Islam is a religion of peace even after that poor British soldier had his head cut off in broad daylight and 11 million Arab’s have killed each other since Israel became a nation.
Hans
You left a bit out Yuet. You were right in her face, screaming at her, spit flying. I know, because I was there. And you did use the words “dirty Muslim.” There is a huge difference between freedom of speech and hate speech. Obviously you are too stupid to know the difference. You need to go home wot where you belong.