The Justice Committee has reported back on the Crimes (Countering Foreign Interference) Amendment Bill. The bill as introduced was a tyrannical law which threatened to outlaw protest and ordinary democratic activity in Aotearoa on the basis of government conspiracy theories and fantasies about its motivations. The good news is that its been made less bad, with the addition of "avoidance of doubt" clauses protecting protest, advocacy, dissent, and strikes, as used in the Terrorism Suppression Act. The bad news is that their attempts at a similar clause, clarifying that "protect[ing] information for a lawful purpose in the ordinary course of business, a profession, or an occupation, whether paid or unpaid" is not "improper", is too narrow, capturing only "jobs" (for want of a better term), rather than ordinary democratic activity. So if you organise a protest using invitation-only meetings and encrypted online messaging for the high-level planning, and you're not doing it as a job (if your "occupation" isn't "protest organiser"), then you're still at risk of the government having some fantasy about your motives and using it to imprison you. Likewise if you merely blog occasionally, rather than being able to say "actually, this is what I do". As for protecting journalism, the government (in its departmental report)is quite clear that it sees journalists as de facto enemy agents:
Journalism cannot be exempted from the definition of improper conduct because some journalistic endeavours are deliberately false or misleading and could be conducted for a foreign power intended to compromise a protected New Zealand interest(s)....which confirms my suspicion that the government views even well-justified exemptions as undercutting its core purpose of all-encompassing criminalisation, so there are no "loopholes" for their "foreign agents" to wiggle through. The problem is that such "loopholes" are our democratic space, and blocking them blocks us. But I guess a government which will happily disenfranchise 210,000 Māori voters for 21 days by abusing its majority to kick their representatives out of parliament doesn't really give a shit about democracy.
