A leaked document has revealed secretive plans to revise terror laws in New Zealand so that people can be charged over statements deemed to constitute material support for a proscribed organisation.

It shows the government also wants to widen the criteria for proscribing organisations to include groups that are judged to “facilitate” or “promote and encourage” terrorist acts.

The changes would see the South Pacific nation falling in line with increasingly repressive Western countries like the UK, where scores of independent journalists and anti-genocide protesters have been arrested and charged under terrorism laws in recent months.

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The consultation document, handed over to the New Zealand Council for Civil Liberties (NZCCL), reveals the government has been in contact with a small number of unnamed groups this year over plans to legally redefine what material support involves, so that public statements or gestures involving insignia like flags can lead to charges if construed as support for proscribed groups.

As part of a proposal to revise the Terrorism Suppression Act, the document suggests the process for designating organisations as terror groups should be changed by “expanding the threshold to enable more modern types of entities to be designated, such as those that ‘facilitate’ or ‘promote and encourage’ terrorist acts”.

The Ministry of Justice has been contacted in an attempt to ascertain which groups it has been consulting with and why it believed the changes were necessary.

NZCCL chairman Thomas Beagle told Mick Hall In Context his group was concerned the proposed changes were a further attempt to limit the rights of New Zealanders to engage in political protest.

‘What’s going on?’
“When you look at the proposal to expand the Terrorism Suppression Act, alongside the Police and IPCA conspiring to propose a law change to ban political protest without government permission, you really have to wonder what’s going on,” he said.

A report by the Independent Police Conduct Authority (IPCA) in February proposed to give police the right to ban protests if they believed there was a high chance of public disorder and threats to public safety.

That would potentially mean bans on Palestinian solidarity protests if far right counter protestErs posed a threat of violent confrontation.

The stand-alone legislation would put New Zealand in line with other Five Eyes and NATO-aligned security jurisdictions such as Australia, the United Kingdom, and Canada.

Beagle points out proposed changes to terror laws would suppress freedom of speech and further undermine freedom of assembly and the right to protest.

“We’ve seen what’s happening with the state’s abuse of terrorism suppression laws in the UK and are horrified that they have sunk so far and so quickly,” he said.

More than 100 people were arrested across the UK on suspicion of supporting Palestine Action, a non-violent protest group proscribed as a terrorist organisation by the British government earlier this month.

Arrests in social media clips
Social media clips showed pensioners aggressively arrested while attending rallies in Liverpool, London, Manchester, Edinburgh, Bristol and Truro over the weekend.

Independent journalists and academics have also faced state repression under the UK’s Terrorism Act.

Among those targeted was Electronic Intifada journalist Asa Winstanley, who had his home raided and devices seized in October last year as part of the opaque counter-terror drive “Operation Incessantness”.

In May, the country’s Central Criminal Court ruled the raid was unlawful.

Journalist Richard Medhurst has had a terror investigation hanging over his head since being detained at Heathrow Airport in August last year and charged under section 8 of the Terrorism Act. Activist and independent journalist Sarah Wilkinson had her house raided in the same month.

Others have faced similar intimidation and threats of jail. In November 2024, Jewish academic Haim Bresheeth was charged after police alleged he had expressed support for a “proscribed organisation” during a speech outside the London residence of the Israeli ambassador to the UK.

Meanwhile, dozens of members of Palestine Action are in jail facing terror charges. The vast majority are being held on remand where they may wait two years before going to trial — a common state tactic to take activists off the street and incarcerate them, knowing the chances of conviction are slim when they eventually go to court.

‘Targeted amendments’
The document says the New Zealand government wants to progress “targeted amendments” to the Act, creating or amending offences “to capture contemporary behaviours and activities of concern” like “public expressions of support for a terrorist act or designated entities, for example by showing insignia or distributing propaganda or instructional material.”

It proposes to improve “the timeliness of the process, by considering changes to who the decision-maker is” and extending the renewal period from three to five years.

The document suggests consulting the Attorney-General over designation-related decisions to ensure legal requirements are met may not be required and questions whether the designation process requiring the Prime Minister to review decisions twice is necessary. It asks whether others, like the Foreign Minister, should be involved in the decision-making process.

Beagle believes the secretive proposals pose a threat to New Zealand’s liberal democracy.

“Political protest is an important part of New Zealand’s history,” he said.

“Whether it’s the environment, worker’s rights, feminism, Māori issues, homosexual law reform or any number of other issues, political protest has had a big part in forming what Aotearoa New Zealand is today.

Protected under Bill of Rights
“It’s a right protected by New Zealand’s Bill of Rights and is a critical part of being a functioning democracy.”

The terror laws revision forms part of a wider trend of legislating to close down dissent over New Zealand’s foreign policy, now closely aligned with NATO and US interests.

The government is also widening the definition of foreign interference in a way that could see people who “should have known” that they were being used by a foreign state to undermine New Zealand’s interests prosecuted.

The Crimes (Countering Foreign Interference) Amendment Bill, which passed its first reading in Parliament on November 19, would criminalise the act of foreign interference, while also increasing powers of unwarranted searches by authorities.

The Bill is effectively a reintroduction of the country’s old colonial sedition laws inherited from Britain, the broadness of the law having allowed it to be used against communists, trade unionists and indigenous rights activists.

Republished from Mick Hall in Context on Substack with permisson.

The Commonwealth Heads of Government adopted the Commonwealth Principles on Freedom of Expression and the Role of the Media in Good Governance at their summit meeting in Apia, Samoa, last week.

These Principles highlight the importance of freedom of expression and media freedom to democracy.  They state that Commonwealth governments “should consider repealing or amending laws which unduly restrict the right to freedom of expression”.

The Commonwealth Human Rights Initiative and the Commonwealth Journalists’ Association called on states to take practical and effective steps to end arbitrary and excessive restrictions on free expression. The Commonwealth as a whole must audit progress and engage with civil society to ensure that these Principles are implemented in reality.

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Freedom of expression is not just a right in itself — it is the foundation that allows us to exercise and defend all other human rights, and is safeguarded under international law.

However, as we know all too well, this right is under threat.

According to UNESCO, in Commonwealth countries alone, 178 journalists were killed between 2006 and 2020. Furthermore, the impunity rate for the killings of journalists during that same time is 96 percent — which is notably higher than the global impunity rate of 87 percent.

Reporters Without Borders (RSF) has documented 547 journalists imprisoned globally as of the end of 2023, with legal harassment often used as a tool to stifle dissent and investigative reporting.

Restrictive, colonial-era laws
Many Commonwealth countries still maintain restrictive, colonial-era laws that curtail free expression, suppress diverse voices, and inhibit the transparency that is essential for democracy.

In the Commonwealth:

• 41 countries continue to criminalise defamation; 48 countries still retain laws related to sedition; and
• 37 still have blasphemy or blasphemy-like laws.

These details are set out in a soon to be released report by the Commonwealth Human Rights Initiative (CHRI) and the Commonwealth Journalists Association (CJA), with other Commonwealth partners, entitled Who Controls the Narrative? Legal Restrictions on Freedom of Expression in the Commonwealth.

“These laws, often enforced through criminal sanctions, have a chilling effect on activists, journalists, iand others who fear retaliation for speaking truth to power”, said William Horsley of the Commonwealth Journalists Association.

“This has led to an alarming rise in self-censorship and a decline in the independent and dissenting voices that are vital for holding governments accountable.”

Civil society response
The Principles were first put forward by a group of civil society organisations in response to  a general deterioration in legal protections and the working environment for journalists.

The CJA convened other civil society organisations, including the CHRI, Commonwealth Lawyers Association and the Institute of Commonwealth Studies, before Commonwealth member states reviewed and adopted the Principles in the form which was adopted by heads of government at the 2024 CHOGM.

States are “urged to take concrete and meaningful steps to implement them within their domestic frameworks, as set out in the CHOGM Samoa Communiqué“.

The joint report Who Controls the Narrative? Legal Restrictions on Freedom of Expression in the Commonwealth reveals the increasing use of criminal law provisions, including those related to defamation, sedition, blasphemy, and national security, to restrict freedom of expression and media freedom within the Commonwealth.

The report is the product of extensive collaboration between Commonwealth partners, legal experts, academics, human rights advocates, and media professionals, and provides a comprehensive analysis of the legal frameworks governing freedom of expression and outlines clear pathways for reform.

In addition to analysing legal restrictions on free speech in Commonwealth states, the report puts forward actionable recommendations for reform.

These include regional and national-level proposals, as well as broader Commonwealth-wide recommendations aimed at strengthening legal frameworks, promoting judicial independence, encouraging media pluralism, and enhancing international accountability mechanisms.

#Commonwealth Heads of Government (#CHOGM2024) adopted the Commonwealth Principles on Freedom of Expression and the Role of the Media in Good Governance at their summit meeting in Apia, #Samoa.
https://t.co/HP9Lr1Aire

— Oliver T. Mhuriro (@Oliver_Mhuriro) October 27, 2024

Reforms essential
These reforms are essential for establishing an environment where free expression can thrive, allowing individuals to speak without fear of reprisal.

“While many member states share a colonial legal legacy that includes repressive laws still in effect today, they also share a commitment to democratic governance and the rule of law as set out in the Commonwealth Charter,” said Sneh Aurora, director of the Commonwealth Human Rights Initiative.

“The Commonwealth has the potential to lead by example in promoting freedom of expression through legal reform, ensuring that criminal laws are not misused to silence dissent.

“The Principles provide an important opportunity for Commonwealth governments to bring their national laws in line with international human rights laws.”

Republished with permission from Talamua Online.

The military’s brutality is a daily reality for all the people of Myanmar. As Myanmar’s army prepares to deploy and reinforce its bases with hundreds of extra troops, the country’s media workers remain exposed to Covid-19 and under extreme threat, writes Phil Thornton.

Myanmar’s military leaders used its armed forces to launch its coup and take control of the country from its elected government on 1 February 2021. In protest, millions of people took to the streets.

The military responded to these protests by sending armed soldiers and police into residential areas to arrest defiant civilians, workers, students, doctors and nurses.

In March, martial law was enforced in Yangon, snipers were used, and protesters were shot on sight.

• READ MORE: Other Myanmar coup articles

To restrict news coverage of their crimes and to impede the organisatiojn of protests, the military ordered telecommunication companies to restrict internet and mobile phone coverage. Independent media outlets had their licences withdrawn, offices were raided and trashed.

Journalists were targeted and hunted by soldiers and police. Obscure laws were added to the penal code and used to restrict freedom of speech and expression. State-controlled media published pages of arrest warrants and photographs of the wanted, including journalists.

To avoid arrest, independent journalists went underground or sought refuge with border based ethnic armed organisations.

Myanmar journalists are well aware that being “arrested” and held in detention by the military doesn’t come with respect for their legal or human rights. The military uses a wide range of obscure laws, some dating back to colonial times, to detain, intimidate and silence its critics — academics, medics, journalists, students and workers.

95 journalists arrested
Independent website, Reporting ASEAN, recorded that, as of August 18, 95 journalists had been arrested and 42 were being held in detention.

The Assistance Association for Political Prisoners (AAPP) estimated by August 29 that the military has now killed at least 1026 people, arrested 7627, issued warrants for 1984 and are still holding 6025 in detention.

They want names
Those arrested are taken to interrogation centres and held indefinitely without contact with family or legal representation. Torture is used to extort names and contacts from the detained to be added to the military’s long list of those to be hunted down and suppressed into silence.

One of those names on the military’s wanted list is that of journalist Nyan Linn Htet, now in hiding, after a warrant under Section 505 (a) was issued for his arrest.

Nyan Linn Htet, managing editor of Mekong News, in an interview with the International Federation of Journalists (IFJ) explains the impact of being hunted has had on both him and his family.

“If I’m arrested it means I lose everything. When we had to run and go into hiding, we lost our home and our possessions. You lose your income. Your equipment. You never feel safe when hiding. Living like this affects all of us. If the military does not find me, they will pressure and threaten my family with arrest.”

Nyan Linn Htet said he is still working despite the risk of arrest.

“Losing a journalist is a big loss for our struggle for democracy. We’re only doing our job as reporters, but our news coverage exposes the military and its abuses – this is why we’re the enemy.”

Despite the danger to him and his family, Nyan Linn Htet worries about the safety of those who helped him avoid arrest.

‘Caught in hiding’
“If I’m caught in hiding, the SAC (military-appointed State Administration Council) will persecute the people who gave me a place to live. I’m afraid they [the military] will arrest those who helped me.”

His fears are well founded.

Journalist and political analyst Sithu Aung Myint was high on the military’s wanted list for his political commentary and published opposition to the coup.

On Sunday, August 15, the military raided the home of his colleague, BBC freelance producer, Htet Htet Khine, and arrested both of them.

A week later, in its Sunday, August 21, edition, the military-run newspaper, Global New Light of Myanmar, said Sithu Aung Myint had been charged with sedition, spreading “fake news” and being critical of the military coup leaders and its State Administration Council under Sections 505 (a) and 124 (a) of the Penal Code.

He could be sentenced to life in jail under Section 124 (a) of the penal code.

Htet Htet Khine was arrested for giving shelter to Sithu Aung Myint, and charged under section 17(1) of the Unlawful Association Act for working with the recently formed National Union Government’s radio station, Federal FM.

Held in interrogation centre
Friends and colleagues of Sithu Aung Myint and Htet Htet Khine told IFJ they are concerned both journalists were held at an interrogation centre for more than a week before having access to either legal help or contact with colleagues or family.

Nyan Linn Htet told IFJ he is aware his legal and human rights will not be respected if he is arrested.

“They will not let us get legal help until they’ve got what they want from us. The military amended 505 (a) of the Penal Code to prevent giving us bail. We know they will jail us even if we have legal representation.

“We know SAC is torturing journalists because of the work we do.”

Reports by local and international humanitarian groups have detailed the severe beatings — hours of maintaining stressed positions, use of sexual violence — and killing of people while held in detention.

Nyan Linn Htet said if arrested, he knows it will come with beatings. He admits that the thought of being tortured keeps him awake at night.

“They will jail me, but only after they torture me. I will not be released until I sign a statement that I will never criticise them. I’m not afraid of being arrested, but torture scares me. There are nights when I’m too afraid to sleep.”

International media drop Myanmar
He and other local journalists told the IFJ it was disappointing that international media has dropped Myanmar from its news agenda and moved on to cover other stories.

Nyan Linn Htets said despite access difficulties, the international media can use local reporters who are willing to help.

“We know the difficulties media has getting ground access to Myanmar. Covid-19 restrictions also make it impossible to legally cross borders from neighboring countries, but we are already here in the country and are capable of doing the job.”

Despite the fear of arrest and torture, he is still reporting and urged local journalists to keep doing the same.

“It’s important we use what we can to still work and report news events of interest to people. People are accessing news and information in many different ways now.”

The military, while trashing local and international laws and ignoring its constitution, is quick to use and amend laws to jail its opponents for being critical of the coup and for reporting military violence, abuse and corruption.

We have no rights
Nan Paw Gay, editor-in-chief at the Karen Information Center, says the military council has no respect for journalists or their right to publish information in the public interest.

“There is no freedom of the press. If journalists try to report news or seek information from the military’s opponents — CRPH, NUG, CDM, G-Z and PDF — the State Administration Council prosecutes them under Section 17/1 of the Illegal Association Act.

“Since the military launched its coup, sources we use have had their freedom of speech and expression made illegal and they now risk arrest for talking to us and… we can be arrested for speaking with them.

“Independent media groups have been outlawed and totally lost their right to speak freely or write about news events.”

Nan Paw Gay points out if journalists are “critical of the military, its appointed State Administration Council or its lack of a public health plan to tackle the covid-19 pandemic now ravaging the country, section 505 (a) is used to arrest journalists for spreading false news.”

Essentially torture is used to terrorise journalists, he says.

“When the military council arrests and detains journalists, the torture is both physical and psychological. Even before being detained threats are issued and then during the arrest the violence becomes real – shootings, people being kicked and dragged from homes by their hair and beaten.”

Women journalists tortured
Nan Paw Gay says women journalists are more likely to be “tortured using psychological abuse – kept in a dark room and constantly told that they will be killed tomorrow – to mess and generate fear with their thoughts. You can see the effects of the tortured on some journalists when they appear in court – shaking hands and body spasms.”

Military brutality is a daily reality for Myanmar’s people. At the time of writing, the army is preparing to deploy and reinforce its bases with hundreds of extra troops into areas of the Karen National Union-controlled territory and where anti-coup protesters, striking doctors and politicians have been offered refuge and safety.

A senior ethnic Karen National Liberation Army (KNLA) soldier told the IFJ that army drones and helicopters have been surveying the area in recent months.

“We know they’ve sent munitions and large troop numbers to our area… last time we had drones flying over our area, they later attacked villages and our positions with airstrikes. They’re already fighting in our Brigade 5 and 1 and have started in 6 and 2.”

Since the military launched its coup on February 1, there has been at least 500 armed battles between the KNU and the military regime and 70,000 Karen civilians have been displaced and are hiding in makeshift camps as a direct result of these attacks.

Fighter jets have flown into Karen National Union-controlled areas 27 times and dropped at least 47 bombs, killing 14 civilians and wounding 28.

Naw K’nyaw Paw, general secretary of the Karen Women Organisation, in an interview with Karen News, said villagers displaced by the Myanmar Army attacks are now in desperate need of humanitarian aid.

‘Shoot at villagers’
“They shoot at villagers if they see them on their farms, burning down their rice barns and killing the livestock left behind. The Burma Army also arrests people when they see them and use them as human shields to protect them when attacked by Karen soldiers.”

Naw K’nyaw Paw said accessing the displaced villagers is difficult, especially during the wet season.

“The only accessible way in is on foot, supplies have to be carried through jungle. Given the restrictions due to covid-19 as well as the increasing Burma Army military operations, villagers are unable to return to their homes and they will need food, clothing and medicine, especially the young and old.”

Nan Paw Gay says the military’s strategy to muzzle the media is a familiar tactic that has been used before.

“Stop international media getting access to conflict areas, shut down independent media, hunt local journalists and when there’s no one to left to report, launch attacks in ethnic regions, displacing thousands of villagers.”

Phil Thornton is a journalist and senior adviser to the International Federation of Journalists in South East Asia. This article was first published by the IFJ Asia-Pacific blog and is republished with the author’s permission. Thornton is also a contributor to Asia Pacific Report.