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1 May 2013
Dear XXXX
We thank you for your on-line complaint form received on 28 April 2013.
The Human Rights Commission recognises the concern and upset this material has caused yourself and others. The Commission has been contacted by a number of people regarding offensive material about Chinese and Jewish people left in their mailboxes. There have also been objectionable posts on blog sites.
Race Relations Commissioner Dame Susan Devoy says she and the Commission will work with the New Zealand Police and other agencies to provide assurance to communities upset by the distribution of material that targets the New Zealand Chinese community.
Dame Susan said, “Who wouldn’t feel threatened by this kind of material? It presents a hateful view of law abiding people. It is unfair and based on ignorance, intolerance and prejudice.”
The Human Rights Act requires the Commission to balance the right to protection from racial hatred with the right to freedom of expression. It also requires that Commissioners do not have direct involvement in individual unlawful discrimination complaints which are dealt with by the Commission’s enquiries and complaints team.
That team considers that the complaints received about leaflets and blog sites do not meet the threshold for unlawful discrimination as defined in the Human Rights Act and that there has not been a breach of section 61 which relates to inciting racial disharmony. New Zealand has set a high bar in balancing freedom of expression over banning what many would consider hate speech.
The Commission’s response is therefore to speak up for and support people facing racial hostility and find ways to respond to activity that has a negative effect on race relations. Race Relations Commissioner, Dame Susan Devoy will be coordinating a series of actions by the Human Rights Commission:
liaising with the New Zealand Police to monitor the activity
working with communities to provide assurance that the Police would protect them
working with Netsafe on a response for social media site on material that breaches acceptable use policies
the Race Relations Commissioner intends to meet with the affected communities.
While your complaint might not meet the threshold for unlawful discrimination or inciting racial disharmony, the Commission thanks you for having made your concern known to us. Dame Susan encourages other people affected to continue to contact the Commission. This will help the Commission to monitor the extent of the activity as it continues to liaise with the New Zealand Police.
Yours sincerely |
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