How criminalizing hate speech in South Africa could unjustifiably censor religious views

Abstract

South Africa’s Hate Speech Act includes broad definitions of “inciting harm” and “promoting or propagating hatred” and introduces significant ambiguity and subjectivity of statutory interpretation. Worryingly, the law comes in the wake of a trend of so-called hate speech laws across the world, including in national contexts and at the level of the United Nations, which have been intimately linked to the criminalization of speech relating to religious beliefs. The international legal framework for freedom of expression and opinion, and for freedom of religion or belief, provides a suitable basis by which to amend the law.