A South African law would make hate speech punishable by jail time

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South Africa’s government has proposed a new law to criminalize hate crimes and hate speech, a move officials say is necessary in the age of social media.

Vicki Momberg, who was convicted in connection with a racist rant, leaves court in Johannesburg, South Africa, in 2018. Momberg, who is appealing the decision, received a two-year prison sentence. She was caught on video using a racial slur against a black police officer.

Such cases have fueled widespread support for establishing a special category in South African law for crimes motivated by prejudice or intolerance. A hate crimes bill making its way through the Parliament would do just that.Deputy Justice Minister John Jeffery called the proposal “a small part of the fight against racism.”

First-time offenders could be sentenced to up to three years in prison, and repeat offenders could get as many as five years. Others worry the hate speech section of the law is too vague and will have an unintended chilling effect on political debate and free speech.Pierre de Vos The hate crimes bill has been many years in the making. It was a series of high-profile incidents on social media — starting in 2016 — that ignited the current debate about speech.

Sparrow was convicted of crimen injuria and ordered to pay a fine. Khumalo was ordered by the Equality Court to issue an apology to all South Africans. Momberg was also found guilty of crimen injuria and became the first person to serve time for it.

 

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