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Smith is a controversial activist with strong views on immigration. One day he posts on Twitter that “low IQ Malarian immigrants are undermining the moral foundations of New Zealand.”
His remarks cause a media controversy and a complaint is laid with the Human Rights Commissioner by a member of the Malarian immigrant community. A spokesperson for the Malarian community announces that Smith’s Tweet is a breach of s61 of the Human Rights Act by promoting racial disharmony.
Smith comes to you seeking your advice.
He complains that the Malarians are attempting to restrict his freedom of speech. In addition, he raises the point that the Human Rights Act does not apply to his use of Twitter.
Advise Smith of his legal position.
In your answer be sure to address Smith’s point that he has a defence or defences to a complaint under s61 of the Human Rights Act by using the principles of statutory interpretation.
You are not expected to discuss the process of complaints to the Human Rights Commission. The focus of your answer should be Smith’s general legal position and any possible defences he may have in relation to s61 of the Human Rights Act.
Word Limit : 600 words.?
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