Unions and students are warning a plan to amend the Education and Training Act to enshrine a free speech policy at publicly-funded universities could enable hate speech on campuses.
The free-speech policy has been put forward by ACT as part of its coalition agreement with National, with party leader David Seymour saying there are multiple examples of universities across the country failing to protect the right to free speech.
"This will send them a very clear message to uphold freedom of speech, or no more money from the taxpayer," Seymour said.
The right to free speech on campuses sparked debate when former National leader Don Brash was banned from speaking at Massey University in 2018. The ban was over his views on Māori and support for Canadian alt-right commentators Lauren Southern and Stefan Molyneux to speak in New Zealand.
Victoria University student Magenta Mudgway, who identifies as transgender, said they believe in free speech but are fearful the new policy will result in an increase in hateful views being allowed on campuses.
"This guise of protecting free speech feels like a thinly veiled excuse to say, 'No, we want to protect hate speech, protect people who say things we know perpetuate bigotry and hatred and racism' and that shouldn't be accepted," Mudgway said.
Otago University Students' Association president Quintin Jane said free speech should mean being free from being persecuted for your views, which does not happen at tertiary institutions.
"Universities are not shutting down any views. It always has been, and still is, a place where you can have a debate about any issue. There are papers taught on a breadth of subjects," Jane said.
"You can take a Marxism paper and the most anarcho-capitalistic economics paper that you want to take at the same time, there is no silencing of views."
The Tertiary Education Union said universities have the right to use their discretion in order to protect staff and students.
"There are plenty of other places to say whatever you feel like — like online — to express your opinion," Sandra Grey said.
"Our institutions must protect the right to speak and challenge based on evidence, based on research, based on scholarship."
The Free Speech Union described the proposed new policy as a win for democracy, with questions about race relations or gender identity often provoking a backlash at universities in New Zealand.
In a statement, Universities New Zealand said universities are committed to upholding the principles of academic freedom enshrined in the Education and Training Act 2020.
It said academic staff and students are free, within the law, to question and test received wisdom, to put forward new ideas, and to state controversial or unpopular opinions.
It added other than breaking the law, the only limits on this are breaching ethical standards, such as misrepresenting or ignoring evidence.
It said such breaches would normally be determined by other academics.
Both supporters and opponents of the legislation will be reading it carefully, when it is introduced to Parliament in the next 18 months.
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