An overview of some of the core challenges to the drat Hate Crimes and Hate Speech Bill.

1. Hate Crimes & Hate
Speech Bill
A quick overview and areas for concern
William Bird (Big thanks to Justine Limpitlaw)

2. What's it all about?

3. Overview
Why I am here. Big Thanks to Justine!
Closed forum diversity of stakeholders - including
SANEF
Follow up planned in mid Jan 2017
Support the principle, Bill likely to pass

4. Hate Speech Bill
• S4(1): Offence of Hate Speech
Any person who advocates hatred towards any
person OR is threatening, abusive or insulting
AND
Which demonstrates a clear intention to incite harm
OR stir up violence OR bring into ridicule or contempt
Based on previously listed grounds is guilty of the
offence of hate speech

5. Hate Speech Bill
• S3(1) Hate Crime is determined according to
the motivation for an offence under any law
eg assault, murder, damage to property etc
– Constitutes an “aggravating circumstance” for
sentencing – s6
• Motivation: prejudice, bias, intolerance ie
broader than hate

6. Hate Speech Bill
• S3(1): Based on characteristics:
race, gender, sex (which includes intersex), ethnic or
social origin, colour, sexual orientation, religion,
belief, culture, language, disability, birth, disability,
HIV status, nationality, gender identity, albinism,
occupation or trade (pregnancy, marital status,
age, conscience from s9 of Constitution are not
mentioned)

7. Hate Speech Bill
• S4(1): Offence of Hate Speech
Any person who advocates hatred towards any person
OR is threatening, abusive or insulting
AND
Which demonstrates a clear intention to incite harm OR
stir up violence OR bring into ridicule or contempt
Based on previously listed grounds is guilty of the
offence of hate speech

8. Hate Speech Bill
• S4(1): Offence of Hate Speech
Done by way of communication ie gesture, display,
expression, written, illustrated, visual or other descriptive
matter, representation or reference; or an electronic
communication.
• S6(3): Hate Speech offence is punishable
•for a first offence a fine, imprisonment (3 yrs max) or both
and
•for a subsequent offence to fine, imprisonment (10 yrs
max) both.

9. Hate Speech Bill
• Problem: hate speech much broader than
s16(2)(c)

10. Hate Speech Bill
• Zapiro is insulting Zuma with an intention to bring
him into ridicule or contempt based on
occupation (office of the President) and this is
done by way of illustrated matter (the cartoon).
Clearly falls within the offence of hate speech.
– Up to 3 years in jail and 10 yrs for subsequent cartoons
eg a week of cartoons like this - 63 years in jail

11. Hate Speech Bill
Julius Malema: "We are not calling for the
slaughtering of white people, at least for now."
But also: communication so broad anyone can
be guilty - sharing the humiliation of Victor
Mlotshwa - guilty of an offence

12. Hate Speech Bill
• Massive problem is that there are no
exceptions in the Bill as there are in the
Films and Publications Bill and Equality Act
eg for bona fide:
– Documentary
– Academic, scientific, literary or artistic merit
– Matter of public interest

13. Conclusions
Bill in current form too broad
NOT Constitutional
Hate speech very broadly defined;
Characteristics very broad "occupation, trade"
Grounds very broad - e.g. Ridicule
No exceptions - communication
No recognition of social media

14. Way forward
Deadline for comment extended to 31 January
2017
DoJCD open to engagement
Follow-up workshop
Unpack the issues - side with the people.

15. THANK YOU
William Bird
williamb@mma.org.za
+27 823371870
Twitter: @billbobbird
For amazing tools see: www.wazimap.co.za
www.newstools.co.za