scholarly journals Controlling Anti-Gay Hate Speech in New Zealand:  The Living Word Case from beginning to end

2021 ◽  
Author(s):  
◽  
Calum Bennachie
Keyword(s):  
New Zealand ◽  
Gay Men ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
People Living With Hiv ◽  
Transgender People ◽  
And Bisexual ◽  
Question Form ◽  
Film And Literature ◽  
Court Of Appeal

<p>This thesis explores the two attempts to control hate speech against the lesbian, gay and bisexual communities in New Zealand. It argues that freedom of speech is not absolute and there are methods to control it for the good of society. The thesis examined the primary documents, regarding Living Word, tracing the history of that attempt to control the hatred generated by these videos. It examines what happened during that period and how discourse developed, and provides recommendations for future consideration. I argue the videos in question form part of the continuum of discourse surrounding sexual orientation, and inform, and are informed by, the discourse surrounding homosexuality in wider society. Seen as being at one end of the spectrum of that discourse, they encourage discrimination and hatred against members of the non-heterosexual communities, and may therefore be regarded as hate speech. There is little in New Zealand that addresses hate speech against these communities. There have been two attempts to control this type of hate speech. The first was regarding Paul Cameron's Exposing the AIDS Scandal (1988) before the Indecent Publications Tribunal, seeking to have the publication ruled indecent as it held gay men and people living with AIDS as inherently inferior to other people, and it demeaned and degraded them. This attempt failed as the Tribunal held that the invective was not concentrated enough to be classed as hate speech. It did, however, provide a definition of hate speech that can be developed in New Zealand law. The second was the case known as the Living Word case, after the appellant. This complaint to the Office of Film and Literature Classification was laid by the Human Rights Action Group (Wellington) against AIDS: What you haven't been told (1989) and Gay Rights/Special Rights: Inside the homosexual agenda (1993). The videos represent lesbians, gay men, bisexuals and transgender people, and people living with HIV/AIDS, as inferior to other people by reason of their sexuality or HIV status, and degrades, demeans and dehumanises them. Therefore, a classification of objectionable was sought. The Office held the videos to be hateful, but felt that those communities were strong enough to withstand the assault these videos made. On appeal to the Film and Literature Board of Review, the Board concluded the video did treat members of those communities as lesser people, and did degrade, demean and dehumanise them and classified the videos as objectionable. The New Zealand distributors of the videos, Living Word Distributors, appealed to the High Court, which dismissed the appeal. Living Word then appealed to the Court of Appeal, seeking to narrow the gateway of material that could be censored and on the grounds the classification interfered with their freedom of speech. The Court of Appeal overturned the earlier decisions, narrowed the gateway of material that could be censored, and remitted the videos back to the Film and Literature Board of Review. The study concluded that hate speech is, in terms of the Films, Videos and Publications Classification Act, injurious to the public good, and ought to be able to be classified.</p>

scholarly journals Controlling Anti-Gay Hate Speech in New Zealand:  The Living Word Case from beginning to end

2021 ◽  
Author(s):  
◽  
Calum Bennachie
Keyword(s):  
New Zealand ◽  
Gay Men ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
People Living With Hiv ◽  
Transgender People ◽  
And Bisexual ◽  
Question Form ◽  
Film And Literature ◽  
Court Of Appeal

<p>This thesis explores the two attempts to control hate speech against the lesbian, gay and bisexual communities in New Zealand. It argues that freedom of speech is not absolute and there are methods to control it for the good of society. The thesis examined the primary documents, regarding Living Word, tracing the history of that attempt to control the hatred generated by these videos. It examines what happened during that period and how discourse developed, and provides recommendations for future consideration. I argue the videos in question form part of the continuum of discourse surrounding sexual orientation, and inform, and are informed by, the discourse surrounding homosexuality in wider society. Seen as being at one end of the spectrum of that discourse, they encourage discrimination and hatred against members of the non-heterosexual communities, and may therefore be regarded as hate speech. There is little in New Zealand that addresses hate speech against these communities. There have been two attempts to control this type of hate speech. The first was regarding Paul Cameron's Exposing the AIDS Scandal (1988) before the Indecent Publications Tribunal, seeking to have the publication ruled indecent as it held gay men and people living with AIDS as inherently inferior to other people, and it demeaned and degraded them. This attempt failed as the Tribunal held that the invective was not concentrated enough to be classed as hate speech. It did, however, provide a definition of hate speech that can be developed in New Zealand law. The second was the case known as the Living Word case, after the appellant. This complaint to the Office of Film and Literature Classification was laid by the Human Rights Action Group (Wellington) against AIDS: What you haven't been told (1989) and Gay Rights/Special Rights: Inside the homosexual agenda (1993). The videos represent lesbians, gay men, bisexuals and transgender people, and people living with HIV/AIDS, as inferior to other people by reason of their sexuality or HIV status, and degrades, demeans and dehumanises them. Therefore, a classification of objectionable was sought. The Office held the videos to be hateful, but felt that those communities were strong enough to withstand the assault these videos made. On appeal to the Film and Literature Board of Review, the Board concluded the video did treat members of those communities as lesser people, and did degrade, demean and dehumanise them and classified the videos as objectionable. The New Zealand distributors of the videos, Living Word Distributors, appealed to the High Court, which dismissed the appeal. Living Word then appealed to the Court of Appeal, seeking to narrow the gateway of material that could be censored and on the grounds the classification interfered with their freedom of speech. The Court of Appeal overturned the earlier decisions, narrowed the gateway of material that could be censored, and remitted the videos back to the Film and Literature Board of Review. The study concluded that hate speech is, in terms of the Films, Videos and Publications Classification Act, injurious to the public good, and ought to be able to be classified.</p>

Gay Straight Communication

2017 ◽  
Author(s):  
Fabio Fasoli
Keyword(s):  
Sexual Orientation ◽  
Gay Men ◽  
Hate Speech ◽  
Well Being ◽  
Physical Distance ◽  
Positive Attitudes ◽  
Self Acceptance ◽  
And Bisexual ◽  
Private Matter ◽  
The One

Sexual orientation is a private matter that individuals can decide to disclose or conceal. Nevertheless, when interacting with others, people look for cues of sexual orientation. Hence, the person’s face, voice, or non-verbal behavior is taken as a cue revealing sexual orientation. As research on “gaydar” has shown, this detecting ability can sometimes be accurate or stereotype-based. Sometimes gay, lesbian, and bisexual people themselves intentionally communicate their sexual identity explicitly or through more subtle cues. Intentional or not, several cues are taken as communicating sexual orientation with the consequences of shaping interpersonal interactions. Identifying someone as gay or lesbian has several implications. On the one hand, it leads straight men and women to non-verbally behave differently than when interacting with other straight individuals (e.g., more physical distance, more self-touching). On the other hand, it also affects verbal communication (e.g., topics of conversation, questions, and statements). The harshest consequence is hate speech and homophobic language. Research has shown that being labeled as “faggot” or “dyke” not only negatively affects those who are the target of such verbal derogation but also negatively impacts on straight bystanders. Indeed, gay and lesbian targets of homophobic language report a lower level of well-being and self-acceptance, while being exposed to such language increases prejudice toward gay men and lesbians among straight people. In the case of straight men, the use of homophobic language is often associated with identity self-affirmation and self-presentation. Interestingly, a recent trend among gay people has been noticed: they use homophobic labels among them as a form of “reclaimed language,” meaning that these derogatory terms are used with a different intent and reframed in a more positive way. Moreover, communicating sexual orientation can increase self-acceptance, social support, and positive social comparison among gay men and lesbians and can also increase positive attitudes toward gay people, especially when it happens with friends and family members.

scholarly journals Is old age always already heterosexual (and cisgender)? The LGBT Gerontology and the formation of the "LGBT elders"

2016 ◽  
Vol 13 (1) ◽  
pp. 132-154
Author(s):  
Carlos Eduardo Henning
Keyword(s):  
North America ◽  
South America ◽  
Gay Men ◽  
Old Age ◽  
Knowledge Production ◽  
Transgender People ◽  
Critical View ◽  
Social Actors ◽  
Bisexual And Transgender ◽  
And Bisexual

Abstract This article seeks to present an anthropological and critical view of the development of a thriving field of knowledge production (especially present in North America) which for some decades has investigated the aging processes among lesbians, gay men and bisexual and transgender people. This field, still relatively unknown in Brazil and in South America as a whole, has been named "LGBT Gerontology ". Thus my interest lies in critically and systematically presenting and contextualizing the main trends, controversies and theoretical debates in this field, as well as their recent implications on the complex constitution, legitimation and creation of public policies concerning the new social actors, who rise concomitantly - the "LGBT seniors."

Inner Democracy

2020 ◽  
Author(s):  
Hubert J. M. Hermans
Keyword(s):  
Identity Politics ◽  
Learning Process ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Constitutional Rights ◽  
Social Scientists ◽  
Basic Premise ◽  
Personal Learning ◽  
Societal Problems ◽  
Hearts And Minds

This book investigates the psychological background of contemporary societal problems such as hate speech, authoritarianism, and divisive forms of identity politics. As a response to these phenomena, the book presents the basic premise that a democratic society needs citizens who do more than just express their preference for free elections, freedom of speech, and respect for constitutional rights. Democracy has vitality only if it is rooted in the hearts and minds of its participants who are willing to plant it in the fertile soil of their own selves. In the milieu of tension created by societal power clashes and absolute-truth pretensions, the book investigates how opposition, cooperation, and participation work as innovative forces in a democratic self. Democracy is understood as a personal learning process and as a dialogical play between thought and counter-thought, between imagination and counter-imagination, and between emotion and reason. The book is written for social scientists, teachers, and journalists.

scholarly journals Stigma, gay men and biomedical prevention: the challenges and opportunities of a rapidly changing HIV prevention landscape

Sexual Health ◽  
2017 ◽  
Vol 14 (1) ◽  
pp. 111 ◽  
Author(s):  
Graham Brown ◽  
William Leonard ◽  
Anthony Lyons ◽  
Jennifer Power ◽  
Dirk Sander ◽  
...  
Keyword(s):  
Hiv Prevention ◽  
Gay Men ◽  
Sexual Minorities ◽  
Research Policy ◽  
Scale Up ◽  
People Living With Hiv ◽  
Structural Level ◽  
Biomedical Technologies ◽  
Living With Hiv ◽  
The Impact

Improvements in biomedical technologies, combined with changing social attitudes to sexual minorities, provide new opportunities for HIV prevention among gay and other men who have sex with men (GMSM). The potential of these new biomedical technologies (biotechnologies) to reduce HIV transmission and the impact of HIV among GMSM will depend, in part, on the degree to which they challenge prejudicial attitudes, practices and stigma directed against gay men and people living with HIV (PLHIV). At the structural level, stigma regarding gay men and HIV can influence the scale-up of new biotechnologies and negatively affect GMSM’s access to and use of these technologies. At the personal level, stigma can affect individual gay men’s sense of value and confidence as they negotiate serodiscordant relationships or access services. This paper argues that maximising the benefits of new biomedical technologies depends on reducing stigma directed at sexual minorities and people living with HIV and promoting positive social changes towards and within GMSM communities. HIV research, policy and programs will need to invest in: (1) responding to structural and institutional stigma; (2) health promotion and health services that recognise and work to address the impact of stigma on GMSM’s incorporation of new HIV prevention biotechnologies; (3) enhanced mobilisation and participation of GMSM and PLHIV in new approaches to HIV prevention; and (4) expanded approaches to research and evaluation in stigma reduction and its relationship with HIV prevention. The HIV response must become bolder in resourcing, designing and evaluating programs that interact with and influence stigma at multiple levels, including structural-level stigma.

scholarly journals The Illusory Trust Doctrine: Formal or Substantive?

2020 ◽  
Vol 51 (2) ◽  
pp. 193
Author(s):  
Mark Bennett
Keyword(s):  
New Zealand ◽  
Privy Council ◽  
Cook Islands ◽  
Trust Law ◽  
Court Of Appeal

"A document is put before us. Does it or does it not create a trust?" This article considers the illusory trust doctrine (ITD) and claims that although the ITD has been criticised as doctrinally unfounded and therefore based in substantive, non-legal reasons rather than pre-existing law, there are formal reasons of trusts law to support it. It begins by considering Atiyah and Summers' concepts of form and substance, and then examines how they apply in the context of equity (in general), and then trusts law (in particular). It then briefly considers a number of recent decisions on the ITD: the four cases constituting the Clayton v Clayton litigation in New Zealand, Pugachev and the Cook Islands Court of Appeal and Privy Council decisions in Webb v Webb. Finally, it analyses these ITD decisions using the form and substance distinction, concluding that it is arguable that the ITD is grounded in principles of established trust law, as opposed to purely substantive reasoning.

scholarly journals The Formation of Variation Contracts in New Zealand: Consideration and Estoppel

2016 ◽  
Vol 47 (2) ◽  
pp. 327
Author(s):  
Marcus Roberts
Keyword(s):  
New Zealand ◽  
Current Position ◽  
Court Of Appeal

This article will review the current New Zealand approach to the formation of variation contracts. In particular, it will critique the current position taken by the Court of Appeal that either: a practi-cal benefit can be good consideration;, or consideration is not needed for variation agreements. The article will then explore some of the implications of using estoppel as an alternative basis to enforce variation agreements when consideration has not been provided by the promisee.

scholarly journals Harvey v Beveridge: Common Intention Constructive Trusts in New Zealand?

2015 ◽  
Vol 46 (3) ◽  
pp. 959
Author(s):  
Mark Bennett
Keyword(s):  
New Zealand ◽  
High Court ◽  
Adequate Understanding ◽  
Court Of Appeal

This article discusses the reasoning of the High Court and Court of Appeal in Harvey v Beveridge in respect of the existence of "common intention constructive trusts" in New Zealand law. It analyses the development of constructive trusts doctrine in New Zealand, and argues that a different approach was taken to the application of this doctrine in relationship property disputes compared with the equivalent English doctrine. This difference was not recognised in Harvey v Beveridge, and it is argued that an adequate understanding of this difference requires us to grapple with the underlying foundations of the New Zealand law, which were left open during the Court of Appeal's development of the doctrine.

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