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Qwelane v South African Human Rights Commission and Another is a 2021 decision of the Constitutional Court of South Africa on the constitutionality of a statutory prohibition on hate speech. The court found that section 10 (1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 was unconstitutional insofar as it ...
The South African Institute on Race Relations also submitted a response opposing the bill, criticizing John Jeffery by stating that "hate speech laws in Australia, Canada, and Kenya are very different" and also warning that "double standards will apply in the enforcement of both the hate speech and hate crimes provisions." [6]
The crime of crimen injuria ("unlawfully, intentionally and seriously impairing the dignity of another") [81] may also be used to prosecute hate speech. [82] In 2011, a South African court banned Dubula iBhunu (Shoot the Boer), a derogatory song that degraded Afrikaners, on the basis that it violated a South African law prohibiting speech that ...
recusal. reasonable apprehension of bias. South African Human Rights Commission obo South African Jewish Board of Deputies v Masuku and Another is a 2022 decision of the Constitutional Court of South Africa on the statutory definition of hate speech. The court held that criticism of Israel and anti-Zionism may amount to anti-semitic hate speech ...
Gratuitous public display of the apartheid-era South African flag, which formerly flew from the Castle of Good Hope, has been found to constitute hate speech. The court in South African Human Rights Commission obo South African Jewish Board of Deputies v Masuku [11] confirmed that whether or not a statement constituted hate speech was to be ...
Apartheid racism. Apartheid (Afrikaans pronunciation: [aˈpartɦɛit]; an Afrikaans word meaning "separateness", or "the state of being apart", literally "apart-hood") was a system of racial segregation in South Africa enforced through legislation by the National Party (NP), the governing party from 1948 to 1994.
Status: In force. The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment.
Most developed democracies have laws that restrict hate speech, including Australia, Canada, [23] Denmark, France, Germany, India, South Africa, Sweden, New Zealand, and the United Kingdom. [24] The United States does not have hate speech laws, because the U.S. Supreme Court has repeatedly ruled that they violate the guarantee to freedom of ...