SA Hate Speech Bill Compared To Zim Law
Christelle Terreblanche and Angela Quintal, Independent Online (SA), Jun. 3
Draft legislation to eliminate hate speech, reminiscent of the controversial 2002 Zimbabwean law which clamped down on the media, has been published for comment by the government.
Kimani Ndungu, the head of the Freedom of Expression Institute’s anti-censorship programme, said some provisions of the draft Prohibition of Hate Speech Bill were virtually synonymous with the Zimbabwean Access to Information and Protection of Privacy Act.
Democratic Alliance human rights spokesperson Dene Smuts said she believed the institute was going a little too far by citing the Zimbabwean case, “but that’s where we will end up if we don’t protect our right to free speech”.
She and fellow MP Sheila Camerer will seek a meeting with Justice Minister Brigitte Mabandla and her new deputy, Johnny de Lange, to discuss the draft measure.
The draft bill, which seeks to make hate speech a crime in terms of the equality law adopted in 2000, is being circulated by the department of justice.
It makes provision for fines, as well as prison sentences of up to three years for first offenders and six years for a second offence, relating to public statements of hatred based on race, ethnicity, gender or religion.
Ndungu said the offences were much too wide and subjective and not clearly defined enough to ensure an objective test in court.
A person could be found guilty just on the basis of intention to be hurtful, harmful or to intimidate.
In South Africa’s draft bill, four exceptions are made: for artistic creativity; for academic and scientific inquiry; for the publication of information in terms of the constitution; and for “fair and accurate reporting in the public interest”.
The institute has objected to the fourth exception in a submission to the justice department because of its similarity to the Zimbabwean legislation and because it is wide open to interpretation.