By Lehlohonolo Lehana
The National Assembly has passed the Prevention and Combating of Hate crimes and Hate Speech Bill, after five years since it was introduced to criminalise hate speech and hate crimes.
The bill was first introduced to the National Assembly in 2018 but lapsed in 2019 before being revived the same year. The bill had been put on hold pending two Constitutional Court judgments.
Despite fierce debate and concerns from some opposition parties that it could impact the freedom of speech, there has been overwhelming support for the Prevention and Combating of Hate crimes and Hate Speech Bill.
Deputy Justice Minister John Jeffery said that existing laws had proven ineffective in stemming what he believed to be an increase in crimes motivated by hate.
Jeffery said that civil remedies had proven insufficient to prosecute hate crimes.
Broadly, the bill seeks to address what the government noted is an “increasing number of incidents motivated by prejudices, in the form of hate crimes and hate speech”, and to assist people who are victims of and harmed by such speech.
Specifically, if passed into law, the bill will create the offences of hate crimes and hate speech and put measures in to prevent and combat these offences.
Despite several ongoing significant amendments since being introduced, many controversies continue to surround the proposed law. The biggest hangup over the regulations is the large number of characteristics which would be covered under ‘hate speech’.
Under the new laws, hate speech will be defined as a clear intention to be harmful or incite harm, or promote or propagate hatred based on these characteristics:
- Race;
- Gender;
- Sex, which includes intersex;
- Ethnic or social origin;
- Colour;
- Sexual orientation;
- Religion;
- Belief;
- Culture;
- Language;
- Birth;
- Disability;
- HIV status;
- Nationality;
- Gender identity;
- Albinism; or
- Occupation or trade.
On top of the long list of characteristics that could be considered in hate crime or hate speech cases, the bill also covers various channels through which these crimes could be committed.
Communicating hate speech, in particular, covers any: display; written, illustrated, visual or other descriptive matter; utterance; representation or reference; or an electronic communication. This means the new laws will explicitly cover social media and online communications.