Page 103 - Research & Innovation Report 2020

LAW

1. Dissemination of hate speech and how we 4. Preventative measures that need to be
should criminalise this. taken to combat racist and xenophobic
discrimination and hate speech.
Hate speech ranges from personal name-calling to calls to destroy
a group of people. It is all unacceptable, but the debate is about To offer a South African example, the Promotion of Equality and
which types of hate speech we criminalise. The boundary has to be Prevention of Unfair Discrimination Act 4 of 2000 was enacted in
tightly defined to avoid criminalising speech that is merely hurtful. 2000, but the chapter containing preventative measures has not
It needs to refer to the insidious types of hate speech for which the been put into place yet. Despite this, another bill has recently
perpetrators should be criminally sanctioned. An example would been proposed that would extend South Africa’s definition of
be if a prominent person with a large following were to suggest discrimination and also clarify the type of measures that need to
killing or rooting out a particular group of people, which might be taken to combat discrimination and promote equality, but, says
lead to significant harm and death as well as being a threat to Prof Botha, “I believe it has been badly drafted. The Bill places
society in general. onerous obligations on different organisations and organs of state.
It is a very detailed and complicated amendment to the legislation
2. Racial cybercrime that they are proposing that I think will be difficult for people to
understand and implement. The law needs to be clear so that
Racial cybercrimes occur where people use internet systems people know what is expected of them.
specifically to disseminate hate speech and discrimination based
on race, religion or belief and xenophobia. The big problem with “All these issues need to be dealt with in terms of recommending
cybercrime is it is disseminated very quickly and across jurisdictions concrete standards to guide states as to what is required of them,”
through social media and multiple internet service providers. All Prof Botha explains. “It’s effectively a balancing act as you want to
parties have to be compelled to regulate racial cybercrime and make sure the standards are clear and at the same time you have
universal standards need to be set. In the absence of these, to take into account that certain parts of the world will take a very
companies like Facebook are deciding what is or is not acceptable. different approach to civil and political rights.

3. Whether the definition of racial “I believe that I played a significant role in these deliberations,”
discrimination should include discrimination she continues. “I was honoured to represent Nelson Mandela
based on religion and belief in terms of University, South Africa and Africa at an international level and
ICERD. particularly in relation to the development of UN standards on an
issue which impacts so profoundly on the well-being of our society
This has become an increasingly prevalent debate in our society, and the integrity of the South African constitutional democracy.
mainly because of issues of migration, including where people
have had to flee from war in their own countries. In recent years, “I have always wanted the work I do to make a difference to the
for example, this has led to large numbers of people of Islamic lives of South Africans in this country that I really love. Getting
descent migrating to Europe, which has triggered hate speech and this call from the UN to be one of two African experts to provide
various forms of racial discrimination. Whilst other treaties address legal advice on hate speech and racial discrimination was really
religious discrimination and acts of hate, ICERD is limited to racial inspiring and gave me the impetus to work even more actively in
discrimination and hate speech. this field.”

“The purpose of additions to the main

treaty would be to clarify for countries

what is expected of them in their

domestic law as racism, hate speech,

racial cybercrime and discrimination

have become so prevalent in society ... “

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