A Dark Day for Democracy

A Dark Day for Democracy and Religious Freedom

Understanding the Implications of the Hate Speech Act

Introduction: A Call to Defend Our Freedoms
On Monday, 6 May 2024, President Cyril Ramaphosa signed into law the Prevention and Combatting of Hate Crimes and Hate Speech Act, a piece of legislation that significantly undermines democratic principles and religious freedoms in South Africa. This Act, which criminalizes "hate speech" with severe penalties, poses a dire threat to the constitutional right of freedom of expression. It is imperative that we understand the gravity of this law and unite to protect our fundamental rights.

The Threat to Free Speech and Religious Freedom
The new Hate Speech Act has sparked widespread concern and opposition. Michael Swain, Executive Director of Freedom of Religion South Africa (FOR SA), points out the alarming aspects of the law. "It is bizarre that it will be easier to be prosecuted and jailed for the new crime of hate speech than to be sued successfully and made to give an apology or pay a fine under the Equality Act," says Swain.
The Act's definition of "hate speech" is dangerously vague and subjective, leading to potential misuse and arbitrary enforcement. "The central element of the crime now punishable by up to five years in prison – namely 'hate' – is not defined in this law," Swain explains. "How will you even know if you are committing a crime?" This ambiguity could lead to prosecutions based on any "hateful" expression causing "substantial emotional harm" to members of one of the eighteen protected groups, making the law's application highly unpredictable and dependent on individual judges' interpretations.

Public Concerns Ignored
During the legislative process, over 200,000 written submissions were made, expressing concerns about the impact of the law on bona fide religious expression and the overbroad definitions of hate speech. Despite this, the government has not engaged meaningfully with the public's concerns. "The so-called religious exclusion clause still offers little or no protection," Swain notes.
The Act's purported goal of addressing racist expressions is already covered under existing laws such as the common law crime of crimen injuria, which has been used effectively in recent high-profile cases. The addition of this new law, with its broad and vague definitions, seems redundant and poses a significant risk to free speech.

International Obligations and Legal Challenges
FOR SA and other civil rights organizations have highlighted that the Hate Speech Act goes against South Africa's international treaty obligations, which require very narrow parameters for criminalizing speech. These submissions were disregarded by the government. "We continue to hold the view that this law is unconstitutional and that the views overwhelmingly expressed during the public participation process were not properly considered," says Swain. As a result, FOR SA is now considering appropriate legal action to challenge the validity of this law.
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A Call to Action
The passage of the Hate Speech Act represents a critical moment for South Africa. It is crucial that we unite to defend our democratic values and religious freedoms. We urge you to stay informed, speak out, and join us in this fight to preserve our fundamental rights.
Let us not remain silent in the face of this challenge. Your involvement is essential in ensuring that our voices are heard, and our freedoms protected. Together, we can make a difference.

Hate Speech Bill - A Threat to FREE Speech

Conclusion
The signing of the Prevention and Combatting of Hate Crimes and Hate Speech Act by President Cyril Ramaphosa has set a troubling precedent for freedom of expression and religious liberty in South Africa. With vague definitions and the potential for misuse, this law threatens to undermine the very democratic principles it purports to protect. It is imperative that we remain vigilant and proactive in defending our rights.

These articles were written and adapted from information supplied by FORSA

Click here to learn more and take action on the FORSA website Text