Draft bill introduced into Parliament, March 29, 2018. Draft Bill on Prevention and Combating of Hate Crimes and Hate Speech
(1) establishing the concept of hate crime in South African criminal law; (2) making other forms of unfair discrimination a crime; and (3) developing measures to combat hate crime, hate speech and unfair discrimination.
Accrding to Article 4 (1) of the bill:
(a) Any person who intentionally, by means of any communication whatsoever, communicates to one or more persons in a manner that – (i) advocates hatred towards any other person or group of persons; or (ii) is threatening, abusive or insulting towards any other person or group of persons, and which demonstrates a clear intention, having regard to all the circumstances, to – (aa) incite others to harm any person or group of persons, whether or not such person or group of persons is harmed; or (bb) stir up violence against, or bring into contempt or ridicule, any person or group of persons, based on race, gender, sex, which includes intersex, ethnic or social origin, colour, sexual orientation, religion, belief, culture, language, birth, disability, HIV status, nationality, gender identity, albinism or occupation or trade, is guilty of the offence of hate speech.
(b) Any person who intentionally distributes or makes available an electronic communication which constitutes hate speech as contemplated in paragraph (a), through an electronic communications system which is – (i) accessible by any member of the public; or (ii) accessible by or directed at a specific person who can be considered to be a victim of hate speech, is guilty of an offence.
(c) Any person who intentionally, in any manner whatsoever, displays any material or makes available any material which is capable of being communicated and which constitutes hate speech as contemplated in paragraph (a), which 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.
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