Prevention and Combating of Hate Crimes and Hate Speech Bill out for public comment

Jan

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These WhatsApp messages are being classified as hate speech — and can land you in jail

The Parliamentary portfolio committee on justice and correctional services has published the updated Prevention and Combating of Hate Crimes and Hate Speech Bill for public comment.

According to the committee, the purpose of the Bill is to provide for the offence of hate crime and the offence of hate speech and the prosecution of persons who commit those offences.
 
_TrXtR_ said:
This is gonna be awesome :) That looks like a hole for allot of innocent people to go to jail. Which does seem what has been the goal since the pandemic started xD
Stupid ANC thieves should be beaten to a pulp.
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And still none of the people that incited the KZN violence via WhatsApp and other means have gone to jail. In fact people like Dudu are not even being investigated.

I think these assholes think that drafting legislation equals them doing their jobs. Or perhaps it is a case of I have left a legacy. I have bragging rights because I wrote a new law!
 
If they ever evaluated this forum they’d run out of paper to print the offense role for court..
 
Actually, the Bill has zero to do with WhatsApp, and WhatsApp is not even mentioned in it. I don't even have a WhatsApp account, but I use a good 14 other messenger and networks.

One thing that is contradictory though is, religion cannot be discriminated against, yet religions themselves have exclusions!!! OK, not actual hatred allowed, but for discrimination they can do so based on age, gender, colour, sexual preference, etc. I suppose by definition, most religions must in some ways discriminate against other religions (as the basis of their message), but surely not on the other criteria given?
 
I am surprised, I would have expected the bill to have a 'robustness' provision. The term, which was applied to Malema's reported speech, which ultimately deemed all his speeches in the public interest, neh SAHRC?

There is a provision, though I am under correction I do believe this already applies in any case,

(2) The provisions of subsection (1) do not apply in respect of anything done as contemplated in subsection (1) if it is done in good faith in the course of engagement in—

(a) any bona fide artistic creativity, performance or other form of expression, to the extent that such creativity, performance or expression does not advocate hatred that constitutes incitement to cause harm, based on one or more of the grounds referred to in subsection (1)(a);
(b) any academic or scientific inquiry;
(c) fair and accurate reporting or commentary in the public interest or in the publication of any information, commentary, advertisement or notice, in accordance with section 16(1) of the Constitution of the Republic of South Africa, 1996; or
(d) the bona fide interpretation and proselytising or espousing of any religious tenet, belief, teaching, doctrine or writings, to the extent that such interpretation and proselytisation does not advocate hatred that constitutes incitement to cause harm, based on one or more of the grounds referred to in subsection (1)(a).
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so I guess robustness is applicable.

I have to ask how the bill is going to work into expressions?

3.4.2 Clause 4(2) is critically important because it exempts certain communications from criminal sanction as contemplated in the Bill. The exemptions found in the provisions of clause 4(2)(a) to (c) of the Bill are nothing new but confirm the right of freedom of expression as enshrined in section 16(1) of the Constitution, which includes—

(a) freedom of the press and other media;
(b) freedom to receive or impart information or ideas;
(c) freedom of artistic creativity; and
(d) academic freedom and freedom of scientific research.
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Generally I don't have an issue with these laws, but it is how it will be executed. Examples will be made, and some hate speech will be excused under robustness and artistic creativity. Malicious media has also increased, could these who promote hate speech, via radio, print or online, also be labelled as press and other media?

As always, time will tell. I simply don't trust the law practised in this land any more.

Who was arrested at this protest?

www.sabcnews.com

Protest outside court ahead of murder case in Mpumalanga - SABC News - Breaking news, special reports, world, business, sport coverage of all South African current events. Africa's news leader.

A group of people wearing t-shirts from different political parties are chanting slogans outside the Piet Retief Magistrate's Court in Mpumalanga, ahead of the appearance of four people accused of murder.
www.sabcnews.com www.sabcnews.com

The ANC and EFF members tried to outdo each other's racism at that case. How is that deemed as robust?

First thing this country has to get right is racial equality.
 
What is the bet that this 'law' will be more severely applied if you are of the 'whiter-shade-of-pale'...

Also, will they dare to curb the likes of Mal-Emma with his 'Free-and-docile' speech? I rather think not...

So this is the new rule that will apply from here on out: 'Good for me BUT not for thee'.

I mean, how can one thief catch another thief and then ask him: Why are you stealing? OOOOH I forgot, they have been doing it for 27 years now. Please accept my sincerest apology for this 'misspeak', it was unintentional...
 
This is not good. What about freedom of speech? So if you just say something that another party does not like they could easily then claim that you are using hate speech? Not good at all.
 
randomcat said:
"Harm is defined as any emotional, psychological, physical, social or economic harm."

This is broad definition. What if someone says hello and I thought it was a harmful hello.
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Your question here is causing me emotional and psychological harm
/reported
Enjoy your jail time and learn to do better than asking 'what if' questions
:giggle:
 
Temujin said:
Your question here is causing me emotional and psychological harm
/reported
Enjoy your jail time and learn to do better than asking 'what if' questions
:giggle:
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Your emotional and psychological harm is causing me emotional and psychological harm
/reported
Enjoy your jail time and learn to do better than replying to 'what if' questions
:giggle:
 
lloydb said:
This is not good. What about freedom of speech? So if you just say something that another party does not like they could easily then claim that you are using hate speech? Not good at all.
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Approximately yes.. in future this would mean that insulting someone online, be it a forum, chatroom, etc... I imagine would lead to real world consequences
 
randomcat said:
Your emotional and psychological harm is causing me emotional and psychological harm
/reported
Enjoy your jail time and learn to do better than replying to 'what if' questions
:giggle:
Click to expand...
Your emotional and psychological harm is causing me emotional and psychological harm
/reported
Enjoy your jail time and learn to do better than replying to replies of 'what if' questions
:giggle:
 
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