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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 ...
Canadian law. Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory. The Criminal Code creates criminal offences with respect to different aspects of hate propaganda, although without defining the term "hatred".
The hate speech law is relatively lax. It prohibits only threatening, insulting and defaming the aforementioned groups, while criticism and expression of opinions against these groups of people are not per se forbidden. For instance, unlike in 16 other European countries denying the Holocaust is legal. During the years 2000–2013 there were 21 ...
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 ...
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 ...
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]
Section 13 of the Canadian Human Rights Act was a provision of the Canadian Human Rights Act dealing with hate messages. The provision prohibited online communications which were "likely to expose a person or persons to hatred or contempt" on the basis of a prohibited ground of discrimination (such as race, national or ethnic origin, colour, religion, etc.).
Culture of Canada. Freedom of expression in Canada is protected as a "fundamental freedom" by section 2 of the Canadian Charter of Rights and Freedoms; however, in practice the Charter permits the government to enforce "reasonable" limits censoring speech. Hate speech, obscenity, and defamation are common categories of restricted speech in Canada.