“Hate speech” will become a criminal offence and anyone convicted could face harsher punishment under proposed legislative changes.

The Government has released plans for the laws governing hate speech this morning.

The law would change so that a person who intentionally incites, stirs up, maintains or normalises hatred against any specific group of people specifically their colour, race, or ethnic or national origins, would break the law if they did so by being threatening, abusive or insulting, including by inciting violence.

The person would break the law no matter how they made the threat, abuse or insult.

It would not matter if it was verbally made to another person, in writing (in a drawing or words) or online (such as on social media, in an email, or in a digital message).

The Government will increase the punishment for the criminal offence to “better reflect its seriousness.” This would be changed from up to three months’ imprisonment or a fine of up to $7,000, to up to three years’ imprisonment or a fine of up to $50,000.

A person who encourages others to treat members of a protected group worse or differently than others would be breaking the law. This would mean a person could then complain to the Human Rights Commission.

It wants to add to the grounds of discrimination in the Human Rights Act to clarify that trans, gender diverse, and intersex people are protected from discrimination.

Currently, it is against the law to discriminate against people because of their sex. The Government considers that this protects against discrimination because of gender identity or gender expression, or people’s sex characteristics or intersex status but the law could be clearer about this. The law would change to specifically cover these aspects of gender and sex.

Associate Minister for Social Development and Employment, Priyanca Radhakrishnan said “the Government wants to ensure Aotearoa is a place where everyone feels safe, valued, heard, has a strong sense of belonging, and is able to participate fully in society.”

“Our diversity extends across ethnicity, culture, gender identities and expressions, religion, values and beliefs, ages, disabilities, sexual orientation, and the structure of our families. “

The Ministry of Justice is seeking public feedback on proposed changes to the Human Rights Act 1993 that aim to “strengthen protections against speech that incites hatred and discrimination.”

What are the changes?

1. Replacing the existing criminal provision in the Human Rights Act 1993 with a new criminal offence in the Crimes Act 1961 that is clearer and more effective

2. Increasing the punishment for the criminal offence to better reflect its seriousness

3. Changing the language of the civil incitement provision to match the changes being made to the criminal provision

4. Changing the civil provision so that it makes ‘incitement to discriminate’ against the law

5. Adding to the grounds of discrimination in the Human Rights Act to clarify that trans, gender diverse and intersex people are protected from discrimination.

Public submissions for both work programmes are open from 25 June to 6 August 2021.