Freedom of expression includes the freedom not to speak,
yet National proposes to impose up to ten years’
imprisonment on adults who allegedly withhold information
from police in specified circumstances involving the death
of a child aged 12 or under.
“There are few crimes
more horrific than the murder of a child and every effort
must be made to bring those responsible to justice, but
forcing people to speak under threat of imprisonment is
compelled speech and raises serious concerns about
individual liberty and the reliability of evidence,” said
Free Speech Union Council member and criminal defence
barrister, Samira Taghavi.
“An innocent person may
struggle to provide an accurate account under pressure,
while someone responsible for the offending may be
encouraged to shift blame onto another person. Neither
outcome serves the interests of justice.”
“Having
come from a police state myself that does exact statements
and confessions out of people, it is hugely concerning that
National are prepared to take us into the company of such
oppressive regimes.”
“Public outrage at the horror
of individual cases, however understandable, must not shake
politicians from defending irreducible and fundamental
freedoms,” said Ms Taghavi. “The rule of law exists
precisely to constrain the power of the State when emotions
are running high and National must explain why this
extraordinary restriction is the optimal solution, instead
of asking New Zealanders to simply surrender fundamental
protections.”
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“The violence that this proposal
potentially does to the presumption of innocence and the
burden of proof is considerable. This proposal is also a
foot in the door which would give the State the
encouragement to incrementally erode the right to silence
and the privilege against self-incrimination, which are
enshrined in the Bill of Rights to protect us
all”.
Notes:
National Party announcement, 18
October 2026:
https://www.national.org.nz/news/20261018-paulgoldsmith
Ministry
of Justice, Guide to the Bill of Rights Act for Policy and
Legal Advisors, sections 5 and 14.
New Zealand Bill of
Rights Act 1990, sections 5, 14, 23(4) and
25(d).
About the Free Speech Union
The Free
Speech Union defends the right of New Zealanders, left,
right and centre, to speak, debate, and disagree freely. A
registered trade union and membership-based organisation, we
take cases, run campaigns, and educate on the importance of
free expression in a functioning democracy. More at fsu.nz.
