Minister of Justice Kiri Allan confirmed on Sunday, after almost a year of silence on the issue, that the proposed hate speech laws will be introduced to Parliament before the end of the year.

This announcement is not a surprise. Frankly, the surprise is that it has taken the government so long to prepare the legislation. When the former-Minister of Justice, Kris Faafoi, made a similar announcement 18 months ago he claimed that the proposals would be law by Christmas 2021. The delay came as a result of the most successful public policy consultation ever, with almost 20,000 submissions (notably, 80 per cent in opposition) submitting to the Ministry of Justice.

This announcement has provoked opposition from predictable corners who, while acknowledging ‘hate speech’ is harmful to our communities, believe censorship is worse. This is also not a surprise. Following his ‘Free Speech’ tour last year, David Seymour, the leader of the ACT Party, and his parliamentary colleagues, have consistently opposed the hate speech laws and other legislation which extend government censorship. Dr James McDowall even had a Member’s Bill drawn from the cookie tin which aimed to increase freedom of expression and academic freedom at universities.

So, the current Labour government is intent on progressing censorious legislation, allegedly for the safety of Kiwis; free speech advocates (on the Left and Right) are lining up to oppose this. Still not surprising.

Yet, conspicuously, a key voice is missing; where is the principal individual whose role it is to hold the government to account on unpopular and dangerous legislation like this; the Leader of the Opposition?

Since election last year, Christopher (Chris) Luxon has made a point of not opposing the government’s work for the sake of it. Opinion polls may lead us to believe this has been a popular decision. But are we to conclude from National’s silence on this issue that they would support the government’s attempts to introduce greater control on Kiwi’s speech? This is quite unlikely. So, where does Chris Luxon actually stand on this issue? And given the intensity of debate, shouldn’t he come out as either working collaboratively with the government to address this issue, or come out opposing government overreach?

In reality, hate speech laws don’t work. The intention behind them may be laudable, but history consistently proves that undermining free speech hurts the marginalised and vulnerable the most. To be fair to the government, this has been on their agenda for years. At the 2020 election, they were given an historic mandate, and while hate speech laws will likely prove to be very unpopular, they are doing exactly what they said they would. Predictably, the ACT Party is working this issue for all its worth.

But where is National? In an attempt to be all things to all people, will Chris Luxon be nothing to no one? Do we want a Leader of the Opposition who is silent on this issue which, one way or the other, evokes such strong responses?

The stakes are high in this discussion. As the Free Speech Union, we believe government censorship will exacerbate polarisation and extremism. That is why we will be leading the coalition of those in favour of this crucial liberty to fight the government every step of the way. Yet in the spirit of free speech, we will engage with those who believe censorship is necessary to ensure the safety of our communities, allowing dialogue and the marketplace of ideas to expose the right path forward for New Zealand.

Failing to take a stand on this issue is not the leadership Kiwis deserve. Free speech is the cornerstone on which our liberal democracy has been built. With the stakes as high as they are, Luxon needs to either get in behind it to make sure they are the best hate speech laws in the world, or join those of us who will see them defeated. The middle road will lead nowhere, Chris. Pick a lane, mate, and get in the fight.

Jonathan Ayling is the Chief Executive of the Free Speech Union, and a former-advisor in the National Party

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