Public comments on hate speech bill can be submitted

THE members of the public have a month and a week to submit written submissions on the prevention and combating of hate crimes and hate speech bill.

The summary of the bill says the Bill of Rights gives everyone the right to freedom of expression.

“This right is, however, limited in that it does not extend to propaganda for war, incitement to imminent violence or advocacy of hatred that is based on race, ethnicity, gender or religion, which constitutes incitement to cause harm.” It states that the state must, in terms of section 7(2) of the Constitution, “respect, protect, promote and fulfil the rights in the Bill of Rights”.

“It is against this backdrop that the Prevention and Combating of Hate Crimes and Hate Speech Bill has its origins.

“The bill is intended to address frequently occurring and sometimes violent conduct of persons who are motivated by clear and defined prejudices,” reads the bill’s summary.

The bill provides for the offence of hate crime and hate speech as well as the prosecution of persons who commit those offences.

“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 forms of expression, academic or scientific inquiry or fair and accurate reporting or commentary in the public interest.”

There is also a provision exemption for any bona fide interpretation and proselytising or espousing of any religious tenet, belief, teaching, doctrine or writings.

Penalties for those infringing the proposed law include imprisonment, periodical imprisonment, a fine and correctional supervision.

Repeat offenders may be fined or imprisoned for a period not exceeding five years.

Comments can be emailed to Mr V Ramaano at vramaano@parliament. gov.za by no later than February 15.