Legal Q&A
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.
Free
South African Law
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.
What the Law Says
Your Legal Foundation
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.”
Common Questions
Frequently Asked Questions
Is offensive speech the same as hate speech?
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.
Practise Your Rights — Out Loud
The Advocate helps you practise the exact words to use in 149 real South African scenarios — grounded in constitutional law and Scripture. Free to start.
Open The Advocate — Free
No credit card needed · Know Your Rights. Know Your Word.
Get the free rights checklist
10 scenarios, exact words to use, constitutional references. No credit card.