In his judgment Majiedt said hate speech was the antithesis of the values envisioned by the right to free speech — “whereas the latter advanced democracy, hate speech is destructive of democracy”.
The ConCourt also found that one aspect of the hate speech clause in the Promotion of Equality and Prevention of Unfair Discrimination Act was unconstitutional. The “hurtful” part is what the highest court found did not pass constitutional muster. The court found that to read the section constitutionally, hurtful would have to be read to mean the same thing as harmful, which then rendered it redundant.
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