Rights Guide

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 2 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.
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Your Legal Foundation

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
“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
“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
“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.”

Step-by-Step Guide

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
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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.

Resources & Helplines

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Practice Exactly What to Say
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