Constitutional Law
Hate Speech
Hate speech is expression that propagates hatred based on protected characteristics like race, religion, gender, or sexual orientation. It is prohibited by the Equality Act and can be addressed in the Equality Court.
Legal Definition
Section 10 of PEPUDA prohibits publication or communication of words based on prohibited grounds (race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth) that demonstrate clear intention to cause harm, incite harm, or promote hatred.
📖 Constitutional / Statutory Basis: Section 16(2)(c) (hate speech excluded from free expression), Constitution of the Republic of South Africa, 1996; PEPUDA 4 of 2000 s10
Practical Example
A person posts racist content on social media calling for violence against a group. A victim can approach the Equality Court for a prohibition order and damages.
Frequently Asked Questions
Is hate speech a crime in South Africa?
The Prevention and Combating of Hate Crimes and Hate Speech Act 16 of 2023 criminalises hate speech with intent to cause harm. It carries fines and imprisonment.
Does hate speech law restrict free speech?
Section 16(1) protects free expression. But s16(2) explicitly excludes propaganda for war, incitement to violence, and advocacy of hatred constituting hate speech from that protection.
Where do I report hate speech?
At the Equality Court (civil route), or to the South African Police Service for criminal prosecution under the Hate Crimes Act.
Related Terms
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