The spokesperson of the president, Vincent Magwenya, said: This legislative measure gives effect to South Africa’s obligations in terms of the constitution and international human rights instruments concerning racism, racial discrimination, xenophobia and related intolerance, in accordance with international law obligations.”
South Africa’s Bill of Rights, in Section 9 of the Constitution, prohibits direct or indirect unfair discrimination against anyone on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, or place of birth.
Magwenya said the new Prevention and Combating of Hate Crimes and Hate Speech Act calls for the gathering and recording of data on hate crimes and hate speech, the prevention of hate crimes and hate speech, and the implementation of effective enforcement measures.
The definition also includes acts that target the victim’s support or affiliation with an individual who possesses one or more of the specified traits or with a group of individuals who share these traits.
He added that it is illegal for someone to knowingly distribute or make speech material available through electronic communication when they know that such communication is hate speech.What is done in good faith during an exchange of ideas is not considered hate speech under the law, including:Interpretation and articulating or espousing of any religious conviction, tenet, belief, teaching, doctrine or writings, that does not advocate hatred or constitutes incitement to cause harm.