Last year, at the behest of its Five Eyes "allies", the regime passed a tyrannical anti-"foreign interference" law, criminalising "improper conduct" on behalf of a "foreign power". The law effectively allows the regime to criminalise anyone based on its own fantasies and misconceptions, and would have outlawed virtually every major protest movement in Aotearoa's history. It is a horrific assault on our democracy. And the National Party thinks it didn't go far enough.
National's Tim van de Molen has introduced a new Foreign Influence Transparency Bill to the ballot. The TL;DR is that it requires "foreign agents" to register. Sounds pretty mild, right? Except that when you unpack it, its even more horrific than than the "foreign interference" law.
Who needs to register? Anyone conducting any "political influence activity that they are directed to undertake by a foreign principal". Unpacking this:
- A "foreign principal" is a foreign government, a foreign political organisation, a foreign public enterprise, or an entity acting on their behalf. This is not the same definition as used in the "foreign interference" clauses of the Crimes Act - it is both broader and narrower, excluding some "foreign public officials" and all government-supporting companies, but including "foreign political organisations", which encompass not just governing political parties and their agencies (which are in the foreign interference law), but also
any political party, political movement, or other organisation operating in a country or territory outside New Zealand that has as one of its primary purposes the participation in, or influence of, political processes or public office in that country or territory
In other words, any formal or informal political group, and any NGO engaged in "politics". Which basically means everything: any non-NZ environmental, human rights, consumer rights or privacy NGO. It also covers international political groupings such as the Global Greens, Socialist International, International Democracy Union, and foreign think-tanks such as the Heritage Foundation, Institute of Economic Affairs, and the Canadian Taxpayer's Federation. The Atlas network is absolutely covered. - "Directed" means requests as well as instructions. It likely covers the sharing of common tactics and strategies.
- "political influence activity" is where it really gets weird, covering not just formal lobbying, but also "communicating to the new Zealand public" about any election, bill, policy, or exercise of power; as well as "organising, coordinating, or funding any campaign, network, or activity" to mobilise individuals to lobby or protest or attend meetings, as well as collecting information to tailor activities. In the Crimes Act, there's specific protection for engaging in protest, advocacy, or dissent. Here, those things are specifically covered.
So basically any democratic activity which can be imagined to be connected to a "foreign principal" requires registration. All NZ political parties will be required to register, because they are members of international networks. So will most major NGOs. Because this is the modern world, with easy travel and the internet, and we talk to each other, share problems and tactics and what-worked-in-our-country and maybe-you-could-try-this, and that's apparently suddenly suspicious and foreign and practically seditious.
People engaged in these activities would be required to register. Failing to register or providing false or misleading information is an offence punishable by two years in jail (which is... pretty severe for an administrative offence – the same penalty for fixing an election!) There are open-ended administrative search powers, not subject to judicial oversight, to allow the registrar to investigate suspected offences. Finally, the government can designate “specified foreign powers” as posing an “enhanced risk” on very broad criteria, though this doesn’t seem to have any actual effect. Finally, every election candidate must be vetted against the register to see if they are on it, and the government must publish a gazette notice identifying them, the foreign principal, and the registrable activity. In other words, legally required state propaganda against candidates the regime doesn’t like.
Meanwhile, look at who is not covered:
- Billionaires: they're not governments, so they can do as much lobbying, electoral manipulation, and influence-buying as they want.
- Foreign corporations: These routinely engage in "political influence activity" in Aotearoa - witness the "grassroots" campaigns by dairy owners against tobacco regulation, or in favour of Pharmac buying the latest expensive new drug, or just the regular lobbying by the oil and gas or money laundering industries. This is all aimed at changing law or influencing the exercise of government power. But apparently its all OK because its "just business". But actual grassroots organisations - Amnesty, Greenpeace - are not.
- Diplomatic activity: foreign governments and groups like the Five Eyes (and all its spinoffs) get to lobby us to change our intellectual property laws, our privacy laws, outlaw encryption, criminalise protest, or indeed pass laws like this. But they get to be exempt from them.
While this is a member’s bill, being put in the ballot means it has the backing of the National caucus. They are all on board with this.
If this all seems awfully familiar, its because its a basic part of the "illiberal democracy" pioneered by Victor Orban in Hungary, and indeed of Russian tyranny. Call your enemies "foreign agents". Demand they register. Use the registrar to force searches and gather intelligence. Then jail them or shut them down. And while van de Molen points to similar laws passed by "like-minded liberal democracies" such as the UK and Australia, I would instead classify them as democratic backsliders hellbent on reintroducing tyranny.
These are not countries we want to be like. If this bill is drawn, it must be rejected.
