Labour’s plan to stifle criticism breach the Bill of Rights

Labour plans to dramatically curtail the ability of both the Opposition and third parties to criticise the Government – not just for the 90 days before an election, but for all of election year.

One will need a free speech permit in election year, by registering with the Electoral Commission if you plan to spend money to advocate against the Government. And you can spend only $60,000 over up to eleven months.

So it is no surprise that the NZ Herald learns that Crown Law has advised the proposals breach freedom of expression protections in the Bill of Rights. I’d say they do not so much breach them as destroy them.

The concept of a limit for third parties is not without merit. But the notion that such limit applies for an entire year rather than just the immediate pre-election period is repulsive. And the limit is far too low at $60,000. The important thing is to require far better disclosure so people know who is behind a campaign (which is what the Brethren did wrong) – but again this must be for the immediate pre-election period, not all communications in election year.