The Supreme Court of Appeal has declared the controversial definition of hate speech unconstitutional by finding that a comment is only hate speech if it causes harm as well as incites violence. The ruling will have far-reaching consequences
The Supreme Court of Appeal declared the controversial definition of hate speech unconstitutional on Friday by finding that a comment is only hate speech if it causes harm as well as incites violence.
In fact, one of the BLF’s key arguments is that their comments cannot be hate speech just because they cause offence. The SCA has now ruled that Pepuda has unfairly expanded the definition of hate speech contained in the Constitution in three ways: Pepuda’s definitions expanded this to include language, convictions, disability, pregnancy, colour, culture and anything else that undermines human dignity or perpetuates systemic disadvantage.
In the future, he added, it will be much more difficult to prove that somebody committed hate speech.Duvenhage said that if it was true that Etzebeth had used the h-word, it would, at most, be an insult. Kallie Kriel, the chief executive officer of AfriForum, which is currently appealing an equality court decision that displays of the old South African flag constitute hate speech, said the judgment was a major victory for freedom of expression.
“The judgment has the effect that legislation can no longer be abused to limit freedom of expression, because then we are in a ridiculous spiral. In a spiral like that, anyone can decide what should now be considered hate speech, and what should not.”
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