Hate speech bill proposing jail terms for offenders back in Parly
A fine or three-year jail term for a first conviction. Repeat offenders face a fine or jail for five years
THE long awaited legislation that seeks to make it a punishable offence to commit hate crimes and hate speech is back in Parliament.
The prevention and combating of hate crimes and hate speech bill has been in the making since 2016.
Now Parliament has called on the public to make written submissions until next month.
Justice and correctional services portfolio committee chairperson Madipoane Mothapo said the bill aimed to give effect to the country’s obligations in terms of the Constitution.
Also, to international human rights instruments concerning racism, racial discrimination, xenophobia and related intolerance in accordance with international law obligations.
She said the bill provided for the offence of hate crime and the offence of hate speech and the prosecution of those who commit those offences.
The bill says a hate crime is committed if a person commits any recognised offence under any law, and the offence is motivated by prejudice or intolerance on the basis of one or more characteristics or perceived characteristics of the victim.
“Any person who intentionally publishes, propagates or advocates anything or communicates to one or more persons in a manner that could reasonably be construed to demonstrate a clear intention to be harmful or to incite harm or to promote or propagate hatred based on age, albinism, birth, colour, culture, disability, ethnic or social origin, gender or gender identity, HIV status, language, nationality or migrant or refugee status, race, religion, sex, which includes intersex or sexual orientation, is guilty of the offence of hate speech.”
It also makes it an offence when hate speech material is intentionally distributed or made available in cyberspace.
“Any person who intentionally displays any material or makes available any material, knowing that such material constitutes hate speech, which material is accessible by or directed at a specific person who can be considered to be a victim of hate speech, is guilty of an offence,” reads the bill.
However, there are exemptions of those who engage in hate speech in terms of the right of freedom of expression.
“The bill excludes from the ambit of hate speech anything done in good faith in the course of engagement in any bona fide artistic creativity, performance or other form of expression, academic or scientific inquiry or fair and accurate reporting or commentary in the public interest.”
There is also an exemption for any bona fide interpretation and proselytising or espousing of any religious tenet, belief, teaching, doctrine or writings.
“However, artistic creativity or performance or espousal of religious doctrine will not qualify for the exemption from hate speech if it advocates hatred that constitutes incitement to cause harm based on any protected grounds.
“A prosecution in respect of this offence may only be instituted on the authorisation of the Director of Public Prosecutions having jurisdiction,” reads the bill.
Penalties for those infringing the proposed law include imprisonment, periodical imprisonment, a fine and correctional supervision.
There is also a fine or imprisonment for a period not exceeding three years in the case of a first conviction.
Repeat offenders may be fined or imprisoned for a period not exceeding five years.