Free Speech Union Warns Stalking And Harassment Bill Risks Abuse, Changes Make It Worse
The Crimes Legislation (Stalking and Harassment) Amendment Bill suffers from the common fault of slogan laws with good intentions, without realism about the risks of misuse. The announced expansion of what is considered a 'specified act' goes in the wrong direction, says Stephen Franks, Council Member of the Free Speech Union.
'We've already seen the broad and vague terminology in the Harmful Digital Communications Act being used to silence legitimate dissent many times. This Bill is likely to be similarly abused.
'Truth should be a defense for 'damaging, or undermining [a person's] reputation, opportunities, or relationships'. That would save the centuries-long principle that protects the public interest in learning home truths about powerful people and wrongdoers. It is not enough to say the Bill lets you argue that truth is for a proper purpose. We know that courts have not held that telling the truth is presumptively a proper purpose.
'The broad definition of 'specified acts' as inducing fear or distress, combined with the low threshold for establishing a 'pattern of behaviour', already leaves wide scope for misuse against legitimate surveillance, and dissent. Likewise, the inclusion of 'contacting or communicating with a person' is vague and has the potential to be weaponised.
'By prioritising the term 'fear or distress' without a clear objective override, the Bill raises similar issues to 'hate speech' legislation. The law does not recognise that some people ought to be ashamed ('distressed') by exposure of their own conduct.
'The Government's decision to increase the timeframe for establishing a 'pattern of behaviour' from contact twice over 12 to 24 months also widens the net, making it more likely that isolated or infrequent expressions of dissent could be criminalised.
'We submitted our concerns in February, urging the Justice Select Committee to narrow their definitions, to clarify 'specified acts', and to provide better defences that would let the courts protect free speech. We call on the Minister of Justice to protect Kiwis' speech rights as well as victims of stalking and harassment.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Scoop
4 hours ago
- Scoop
Huge Victory For Free Speech: Journalist Gagged For Exposing Chinese Communist Party Interference In NZ Wins Court Case
Press Release – Free Speech Union The Free Speech Union is embarking on extensive work to thoroughly review the HDCA, analysing all decisions ever made under it, and will present this to the Minister of Justice later in the year. We cannot stand by while individuals like Portia are … Portia Mao, a Kiwi-Chinese journalist who was gagged under the Harmful Digital Communications Act (HDCA) for exposing foreign interference in New Zealand, has won her court case with the Free Speech Union's help. This is a major victory, not just for Portia, but for all Kiwis' speech rights, says Jonathan Ayling, Chief Executive of the Free Speech Union. 'We're thrilled that Portia Mao, represented by the Free Speech Union, has won her court case and is no longer gagged by New Zealand law after calling out the Chinese Communist Party's overreach in New Zealand. This is excellent news for all Kiwis. 'CCP stooge, Morgan Zhihong Xiao, sought interim orders under the HDCA against Portia Mao, alleging online defamation and harassment. The initial orders (granted without notice!) required Portia to remove online commentary and apologise. With the FSU's representation, Portia applied to be heard and have the orders discharged. Judge McIlraith ruled in Portia's favour. 'The Court also rightly warned against weaponising legal tools to silence criticism, especially in political debate. The HDCA, while created with good intentions, has been weaponised now in a number of cases to silence dissent. 'Portia's victory is a huge step in pushing back on this flawed law. It was also essential for ensuring criticising foreign powers remains a legal right in New Zealand. If governments, foreign or not, can twist our own law to stop us from exposing them, then we are not free. 'The Free Speech Union is embarking on extensive work to thoroughly review the HDCA, analysing all decisions ever made under it, and will present this to the Minister of Justice later in the year. We cannot stand by while individuals like Portia are unjustly silenced. 'When a brave journalist is gagged for putting their neck on the line in our country, alarm bells should ring. Portia's victory was made possible by the thousands of Kiwis who support our work, and this result is the best outcome to protect all Kiwis' rights to seek, receive, and impart information.'
Scoop
5 hours ago
- Scoop
Government Backs Voluntary Nature Credits
Press Release – New Zealand Government The development of a nature credit market is important to investors and New Zealands reputation. Associate Minister for the Environment The Government is supporting the expansion of a voluntary credits nature market through the running of pilot projects across New Zealand. Establishing a market that is durable, measurable and transparent will help farmers, landowners, iwi, and conservation groups unlock new income streams for looking after nature on their land, Associate Minister for the Environment Andrew Hoggard announced today at Fieldays. 'We want to connect those caring for the land with investors who support conservation. Nature credit markets help fund trusted environmental projects that actively protect and restore ecosystems.' Mr Hoggard said international and domestic investors—including corporates, banks, and philanthropists—are seeking high-quality nature and carbon credits that meet global standards. The development of a nature credit market is important to investors and New Zealand's reputation. 'New Zealand companies spent millions on carbon and nature credits mainly offshore last year. With the right framework, we can keep more of that investment at home.' The Government moved quickly to repeal the previous Government's direction to Councils to identify and map Significant Natural Areas (SNA) by suspending parts of the National Policy Statement – Indigenous Biodiversity. 'Farmers and other private landowners are doing their part to protect native biodiversity and want to do more. Supporting voluntary natural credits markets is a chance for the Government to show them the carrot, not just the stick. Privately funded pilot projects are underway to test how nature credit markets can work in the New Zealand context. As part of these pilots, we will test the role for Government which may include setting principles, and a framework for standards, to build market confidence and ensure quality.' Further details on the Government's role and the design of the expanded market will be announced in the coming months. Information about voluntary nature credits market pilots The pilots represent different land conditions, locations, types of market participants, and activities. They will help the Government understand how to meet the high standards of international markets, the role of Government, and what works best in New Zealand. This real-life experience will provide valuable insights as we move to the next stage of market design. Te Toa Whenua Northland, led by Reconnecting Northland. Transitioning around 100 ha from exotic forestry to native including pest control on iwi-owned land. Waituna Nature Credits Prototype Southland, led by Whakamana te Waituna Charitable Trust (Awarua Rūnunga, Ngai Tahu, Fonterra, Southland District Council, Environment Southland, and Department of Conservation). Restoring 400 ha of farmland at lagoon margins to lowland forest & wetlands (RAMSAR protected site). Waimanu Forest Gisborne Led by Aratu Forests. Converting a commercial forestry block to 50 ha of natives for biodiversity uplift and increased recreational and educational values. Scope to expand to up to 5,000 ha. Sanctuary Mountain Maungatautari insights Waikato, led by Sanctuary Mountain Maungatautari. Observing the current process of issuing credits for conservation and protection activities within the 3,360 ha inland ecological sanctuary. Existing Biodiversity Credits Market (BCM) project standard insights Led by Ekos. Offering market insights from an existing BCM provider. Includes understanding the journey of Reconnecting Northland's proof-of-concept project through this process. Adapted nature credits international standards Led by Boffa Miskell. Testing at-place an additional NZ BCM project standard that is adapting UK methodology to NZ environments as a competitor to domestic or international project standard/certification providers. Voluntary carbon market standard with biodiversity safeguards insights Led by AsureQuality. Testing its carbon project standard, which requires native revegetation, designed to be more applicable and affordable for the New Zealand context. Nature positive credit programme pilot Led by Silver Fern Farms. Testing a processor-led programme for market attraction, and potentially third-party investment, in on-farm nature restoration and enhancement activities that support commercial 'nature positive' claims. Nature-based markets pilots for rural landowners Led by Pāmu Farms. Exploring pathways to make nature-based markets accessible to a range of New Zealand farmers and landholders.
Scoop
5 hours ago
- Scoop
Huge Victory For Free Speech: Journalist Gagged For Exposing Chinese Communist Party Interference In NZ Wins Court Case
Press Release – Free Speech Union The Free Speech Union is embarking on extensive work to thoroughly review the HDCA, analysing all decisions ever made under it, and will present this to the Minister of Justice later in the year. We cannot stand by while individuals like Portia are … Portia Mao, a Kiwi-Chinese journalist who was gagged under the Harmful Digital Communications Act (HDCA) for exposing foreign interference in New Zealand, has won her court case with the Free Speech Union's help. This is a major victory, not just for Portia, but for all Kiwis' speech rights, says Jonathan Ayling, Chief Executive of the Free Speech Union. 'We're thrilled that Portia Mao, represented by the Free Speech Union, has won her court case and is no longer gagged by New Zealand law after calling out the Chinese Communist Party's overreach in New Zealand. This is excellent news for all Kiwis. 'CCP stooge, Morgan Zhihong Xiao, sought interim orders under the HDCA against Portia Mao, alleging online defamation and harassment. The initial orders (granted without notice!) required Portia to remove online commentary and apologise. With the FSU's representation, Portia applied to be heard and have the orders discharged. Judge McIlraith ruled in Portia's favour. 'The Court also rightly warned against weaponising legal tools to silence criticism, especially in political debate. The HDCA, while created with good intentions, has been weaponised now in a number of cases to silence dissent. 'Portia's victory is a huge step in pushing back on this flawed law. It was also essential for ensuring criticising foreign powers remains a legal right in New Zealand. If governments, foreign or not, can twist our own law to stop us from exposing them, then we are not free. 'The Free Speech Union is embarking on extensive work to thoroughly review the HDCA, analysing all decisions ever made under it, and will present this to the Minister of Justice later in the year. We cannot stand by while individuals like Portia are unjustly silenced. 'When a brave journalist is gagged for putting their neck on the line in our country, alarm bells should ring. Portia's victory was made possible by the thousands of Kiwis who support our work, and this result is the best outcome to protect all Kiwis' rights to seek, receive, and impart information.'
