Hate Speech in South Africa — What It Is and How to Report It
Hate speech based on race, gender, sexual orientation, religion, or disability is prohibited by PEPUDA and the Cybercrimes Act. You can report to the Equality Court and the SAHRC.
FreeSouth African Law2 related guides
Direct Answer
Hate speech is prohibited under Section 10 of PEPUDA (the Equality Act) and Section 16 of the Constitution (which excludes hate speech from freedom of expression). It means words that advocate hatred based on race, ethnicity, gender, sexual orientation, religion, or disability and that cause harm or incite harm. Report to the Equality Court or the SAHRC — both are free.
The law above is general — your case may be different
Describe exactly what happened and get a specific answer based on your facts. 2 free answers, no account needed.
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
Section 10
“No person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to be hurtful, be harmful or to incite harm, or promote or propagate hatred.”
Constitution of South Africa
Section 16(2)
“Freedom of expression does not extend to propaganda for war, incitement of imminent violence, or advocacy of hatred based on race, ethnicity, gender or religion that constitutes incitement to cause harm.”
Cybercrimes Act 19 of 2020
Section 15
“Any person who unlawfully and intentionally distributes a data message which incites damage to property or violence against a person or group of persons based on any of the prohibited grounds commits an offence.”
What to Do
Step-by-Step Guide
1Screenshot or preserve the hate speech — posts, messages, videos. Include the URL, account name, date, and context.
2Report to the Equality Court at the nearest Magistrate's Court. Complete the complaint form — no attorney or filing fee required.
3Report to the SAHRC at sahrc.org.za or 011 877 3600 — they can investigate and refer cases to the Equality Court.
4Report on the platform (Facebook, X/Twitter, YouTube, etc.) using their hate speech reporting tools. Platforms are obligated to act under their community standards.
5For online hate speech, report to the Film and Publication Board (FPB) at fpb.org.za — they regulate online harmful content.
What to Say
Exact Words to Use
“"The statement made by [person/organisation] on [date/platform] constitutes hate speech under Section 10 of PEPUDA, as it advocates hatred against [group] in a way that is hurtful and incites harm. I am lodging a complaint with the Equality Court and the SAHRC."”
Tone: In writing in your Equality Court complaint or SAHRC submission
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
No. Speech that is offensive, insulting, or hurtful is not automatically hate speech. Hate speech requires advocacy of hatred against a group on a prohibited ground (race, gender, religion, etc.) combined with harm or incitement to harm. Courts draw a careful line between robust expression and prohibited hate speech.
Can I be prosecuted for hate speech?
The Cybercrimes Act criminalises online hate speech that incites violence or property damage. The Equality Act primarily provides for civil remedies (apology, damages, fines). Criminal prosecution for hate speech is rare but possible for the most severe cases.
Knowing the law is step one. The Advocate has scenarios on Expression and Opinion — practise the exact words to use, with audio, law references, and Scripture. Free to start.