Protect freedom of speech but don’t allow abuse
FREEDOM of speech is a sacred element of our democracy.
Free speech is the notion of being able to speak both openly and freely without restrictions. Free speech is not an independent value but a political prize.
Our constitution guarantees our rights and freedoms, only to such reasonable limits prescribed by laws as can be demonstrably justified in a free and democratic society.
Everyone has the following fundamental freedoms: freedom of thought, belief, opinion and expression, including freedom of the press and other means of communication.
On liberty, there is always a struggle between the competing demands of liberty and authority, and we cannot have the latter without the former.
The debate in our country over measures against the abuse of freedom of speech and association to incite others because of racial, religious or political motives is not new.
These arguments do not differ from the global argument about how to strike a balance between those freedoms, in a democratic and pluralistic society, and the principles of co-existence, tolerance and respect for the human rights of all.
Hate speech restriction is a means not of tackling bigotry but of rebranding certain, often obnoxious, ideas or arguments as immoral.
It is a way of making certain ideas illegitimate without bothering to challenge them politically.
Incitement to violence in the context of hate speech should be as tightly defined as in criminal cases. In this scenario, incitement is, difficult to prove legally.
The threshold for liability should not be lowered just because hate speech is involved.
Democracy must protect itself before it’s too late.
This is the basis of the argument of those who accept the need to restrict the freedoms of speech and association in extreme cases – such as when democracy, the rights or the good name of others and public order are threatened by irresponsible individuals who don’t care about the rule of law and basic freedoms.
John Milton, in 1644, said: “Give me the liberty to know, and to argue freely according to conscience, above all else.”
Any form of hate speech, from whatever political source, must be expunged from our vocabulary. FAROUK ARAIE
Joburg