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Home / Brand Insight
Brand Insight
Executive and Professional Development

Free speech under threat

20 Aug, 2017 05:00 PM4 minutes to read
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Legal expert says suppressing dangerous ideas only makes them more dangerous.

A commercial law expert has hit out at political correctness, saying it is in danger of putting a dampener on free speech.

Mark Keating, senior lecturer in commercial law at the University of Auckland Business School, says an increasing trend in society to vilify those who make unpopular statements is "PC gone too far."

"To suppress dangerous ideas is to make them even more dangerous, "he says. "The mere fact people can express their views - even unpopular ones - is a kind of safety valve and releases pressure that could otherwise erupt into violence."

"Critics of these kinds of statements have demonstrated a failure to properly understand the role unpopular speech plays in our liberal democracy," he says.

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"The right to free speech is based upon the 'marketplace of ideas' and no opinion is inherently good or bad," he says. "The truth of any view is best determined by the competition between ideas in free and open public debate."

Keating says the reaction to a recent case of 'free speech' in New Zealand is an example; AM Show host Mark Richardson's questioning of Labour Party leader Jacinda Ardern over her baby plans.

Keating says he is sure Richardson (whose comments attracted considerable criticism, some saying it was unacceptable for him to make the remarks) is not the only person with this view.

Keating says Richardson committed no crime; "whether you agree with what he said or not, it is wrong to try and limit what people can say. I would fight to the death to defend his right to say it. We should have tolerance for all views, not just those we agree with."

Keating says such reaction shows New Zealanders can be a bit precious about views they don't agree with: "Perhaps we don't like the rough and tumble of these debates or don't like hearing extreme viewpoints.

"In many ways this is a good thing, but verbalising a view can release pent up pressure, which is also a good thing."

Keating says these cases raise the question of how far a person can go in expressing their views and what the consequences should be for expressing 'unacceptable' ideas.

"The right of individuals to voice their opinions is protected in New Zealand by the Bill of Rights Act which states everyone has the right to freedom of expression including the freedom to seek, receive and impart information of any kind in any form.

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"This is an important right and is modelled on the original guarantee of free speech in the First Amendment to the US constitution," he says. "However in New Zealand this right is not absolute and is subject to reasonable limits.

"The most significant legal restriction is the Human Rights Act which prohibits publishing or broadcasting views that are threatening, abusive or insulting."

But, Keating says, even the Human Rights Commission confirms that it is not enough for the material to offend people who read it: "It has to have the potential to excite hostility, and freedom of expression means people can make highly controversial or unpopular remarks."

Keating says all people are entitled to offer up their own ideas for discussion in the hope they'll be accepted by the public - or run the risk those views will be shouted down and rejected.

"The value of an idea will be measured by the number of people who freely choose to believe it; so bad ideas need not be banned or suppressed, but will simply be defeated by good ones."

He says typically, criticism is less about attacking the merits of an idea, rather it is saying "how dare he or she say that".

"But it is unnecessary and wrong to try to suppress even unacceptable views on the grounds they are offensive. While there is a legal right to free speech, there is no legal right not to be offended.

"So, rather than attempt to suppress unacceptable speech, the more appropriate response is to simply hold those ideas up for general ridicule," he says. "The right to speak freely must always outweigh any annoyance or offence - allowing everyone to speak their mind is the very nature of liberty."

Keating says it is fortunate that in New Zealand we don't have to defend unpopular views to the death.

"Instead we can let the person speak whatever madness they wish, then simply laugh at those foolish ideas, proving the market place of ideas continues to function."




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