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n Without Prejudice - Taking insults on the chin : not the law reports
The Hate Speech Institute v various rugby supporters clubs
Foss-Harbottle J : Hate speech has been in the news recently. One of our courts, apparently applying that branch of the law called pharmacare, has purported to put a universal ban on singing the liberation struggle song "Dubula iBhunu", sometimes translated as "Kill the boer". Everyone, except presumably the presiding judge, expects the judgement to be overturned on appeal. Nonetheless it has encouraged the applicant in this matter to persuade me to give an order banning the singing of certain national anthems in support of their teams at the Rugby World Cup 2011. This is based on the recent judgement which says that a song which was previously innocuous can, in certain circumstances, become hate speech.
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