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n South African Journal on Human Rights - The hate speech provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 : the good, the bad and the ugly

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Abstract

The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 regulates a category of expression that falls outside of the boundaries of the s 16(2) internal modifier. This article examines the constitutionality of these provisions, and in the process develops a limitations analysis which recognises the harm caused by hate speech and provides for greater limitations on the right to freedom of expression than those currently provided for in s 16(2) of the Constitution. Notwithstanding this enhanced limitation analysis, the examination reveals that certain of the hate speech provisions in the Equality Act are unjustifiable limitations of s 16 of the Constitution. The article suggests certain amendments that need to be made to the provisions in order to render themconstitut ionally acceptable.

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/content/ju_sajhr/19/3/EJC53107
2003-01-01
2016-12-03
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