dear SOUTH AFRICA: 'Hate Speech and Hate Crimes Bill – Call for comment'

Published 20 September 2021 in Insights

dear SOUTH AFRICA

'Hate Speech and Hate Crimes Bill – Call for comment'

dear SOUTH AFRICA

Deadline: 01 October 2021


The Parliamentary portfolio committee on justice and correctional services has published the updated Prevention and Combating of Hate Crimes and Hate Speech Bill for public comment. 

The purpose of the Bill is to create the offences of hate crime and hate speech, and the prosecution of people who commit those offences. Hate speech is defined as publishing, propagating, or advocating anything that could reasonably be construed to demonstrate a clear intention to be harmful or to incite harm ('defined as any emotional, psychological, physical, social, or economic harm'), or promote or propagate hatred on the following grounds:

  • Age
  • Albinism
  • Birth
  • Colour
  • Culture
  • Disability
  • Ethnic or social origin
  • Gender or gender identity
  • HIV status
  • Language
  • Nationality, migrant or refugee status
  • Race
  • Religion
  • Sex, which includes intersex
  • Sexual orientation

Harm is defined as any emotional, psychological, physical, social, or economic harm.

A hate crime is defined as an offence recognised under any law where the perpetrator was motivated by prejudice or intolerance based on any of the above characteristics.


For more information about the proposed Bill and to comment before implementation into Law, please navigate to the dear South Africa website here