ACT Local releases policy to uphold freedom of speech

ACT Local has today released its free speech policy for candidates in this year’s local body elections, setting out a clear commitment to defending freedom of expression in local government.

“ACT Local councillors will take practical steps to uphold ratepayers’ right to free speech – the foundation of a free society,” says ACT Leader David Seymour.

“Councils exist to provide core services like infrastructure and rubbish collection, not to police speech.

“Whenever councils try to decide which views are acceptable, the result is drawn-out legal battles that waste ratepayers’ money and distract from core responsibilities. Worse, it erodes trust in local government and undermines the democratic principles we all rely on.”

ACT Local councillors will:

• Ensure all lawful speech is permitted at council-owned and council-run venues, regardless of the views expressed.

• Oppose councils taking official positions on matters unrelated to their core business.

• Adopt a formal Free Speech Policy requiring councils to protect residents’ rights to share and seek ideas and information.

“The tragic event in the USA yesterday is a stark reminder of why open debate, tolerance of differing views, and a culture of free expression matter so deeply,” says Seymour.

“While this policy ensures councils cannot use their power to suppress speech, protecting freedom of expression also requires a cultural commitment. No law or policy alone can guarantee it – that responsibility falls on each of us to defend, foster, and never take for granted.”

Policy: A Clear Commitment to Free Speech

ACT councillors will push for their council to adopt a formal Free Speech Policy that:

• Affirms the right to freedom of expression under the New Zealand Bill of Rights Act 1990;
  Sets out the framework and principles relevant to the exercise of freedom of expression in Council decision-making;

• Guarantees that the council will not censor or suppress ideas simply because they are offensive or upsetting to some;

• Ensures all community groups, regardless of their political, religious, or cultural views, must be able to access and use council venues on equal terms. Councils may charge fees for use of venues, but those fees must apply equally to all groups.

• Explicitly states that limitations on freedom of expression will be interpreted narrowly and applied only in the most exceptional circumstances. Any restriction must be precisely defined and directly linked to preventing imminent and physical harm.

• Adopts institutional neutrality as a guiding principle. This entails the Council refraining from taking official positions on contested or political issues that do not directly relate to its operational responsibilities.

• Includes a clear process for resolving disputes.

• Requires publication of all decisions that limit expression, along with detailed justifications.

• Prevents council social media channels from censoring lawful constituent comments or opinions

This policy must apply across all council departments and venues, and be embedded in council booking systems and staff training.