Offensive speech can't be remedied by law, because the Prevention and Combating of Hate Crime and Hate Speech Bill isn't yet an Act.
Offensive speech can’t be remedied by law, because the Prevention and Combating of Hate Crime and Hate Speech Bill isn’t yet an Act.
“The impugned statements made by Mr Malema constituted robust political speech, which enjoys special protection as expression that lies at the heart of the right to freedom of expression,” the SAHRC found. “We reiterate that it does not help the country when people try to shut down debates, by abusing the resources and time of courts and Chapter 9 institutions,” Ndlozi said.
“This might change, if parliament decides to enact the Prevention and Combating of Hate Crime and Hate Speech Bill, which will add a criminal law definition to the statute books.” “The SAHRC’s finding centres on the conclusion that, on an objective assessment of the facts, Mr Malema lacked the intention to be hurtful, and was instead ‘calling for the proper treatment of black people by Indians’.”“People say offensive things all the time, in accordance with their right to freedom of expression. Over-interfere with that right leads to fascism. Hate speech is something that goes much further than ‘offensive’,” Bornman noted.
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