n Tydskrif vir die Suid-Afrikaanse Reg - The divergent constitutional approach to hate speech in South Africa and the United States : aantekeninge

Volume 2013, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



(2010 5 SA 235 (GNP)) exposed South Africa's historical race issue and continues to reverberate in a community which has inherited fundamental problems related to racism and discrimination. The high court succinctly put it that "[t]he true yardstick of hate speech is neither the historical significance thereof nor the context in which words are uttered (239I - emphasis added). The prohibition of so-called hate speech brings to the fore the issue of freedom of expression. In South Africa section 16 of the Constitution of the Republic of South Africa, 1996 protects free expression generally and specifically protects certain freedoms relating thereto. Section 16(2), however, places certain forms of expression outside the scope of the constitutionally protected right.

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