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    1. It also regulates hurtful and harmful speech.
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    1. It was the respondents own reprehensible conduct which was the fons et origo of the situation that developed.
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    1. It was clear that this was the type of photographic material that a newspaper like Rapport does not carry.
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    1. We are a diverse society.
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    1. In order to succeed in either a criminal case of crimen injuria or a civil case based on the actio injuriarum, it is necessary to show intention on the part of the wrongdoer.
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    1. In both these cases the Courts are correct to regard cases of crimen injuria brought by police officers with caution.
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    1. Negligent speech has traditionally not been punishable in criminal law or delict.
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    1. In cases where a plaintiff appears to have been defamed in the press, the defendant has recourse to a number of defences, such as fair comment, truth and public benefit and qualified privilege.
    1. The limitation will further foster national unity.
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    1. In the present case, on the other hand, the accused was a young man and the complainant, a preacher in the community, was a more senior man of much higher standing in the eyes of the community.
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    1. Section 10 is disturbingly wide as it effectively strives to protect citizens from speech which may offend them.
    1. This provision is also very wide as it also prohibits speech in instances where the communicator has no subjective intention to discriminate.
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    1. This is a controversial statement.
    1. The magistrate imposed a fine of R1 000 or four months imprisonment and Molewa went to prison as he could not pay the fine.
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    1. Some members of a group may well be offended by a particular statement but it is often difficult to logically support a claim that depends on defamation of an entire group.
    1. R1 000 or six months conditionally suspended for five years.
    1. The proviso has to be read with section 13 which shifts the burden of proof.
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    1. Police work in difficult circumstances and being robust is part of the job.
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    1. To my mind, and upon a proper consideration of the cartoon, the drawing does overstep the bounds of a simple reproductive drawing.
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    1. Hatred is not a word of casual connotation.
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    1. Race based insults that are directed at individuals have traditionally been dealt with under this head.
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    1. He avoids the issue of whether there is a threat of imminent violence if the cartoons are published which is a powerful moral argument for preventing publication.
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    1. Hill refused a transfer and was dismissed.
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    1. Promotion of Equality and Prevention of Unfair Discrimination Act74 (hereafter referred to as the Equality Act).
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    1. The ludicrous argument was also made that the public had an interest in the sexual conduct of advocates because of their prominent position in society.
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    1. This also illustrates the very real problems of creating laws against group defamation.
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    1. It is not obvious what qualifies as communication in accordance with the freedom of expression clause, but the last part of the proviso could be interpreted to make a range of constitutionally necessary defences available.
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    1. After that the proviso that applies to both sections is examined.
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    1. CRR (2d) 193 at 205.
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    1. Of course it was wrong for the accused to insult such a man.
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    1. One of its aims is the prevention and prohibition of hate speech.
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    1. That is why the matter was serious enough to warrant his conviction of this crime.
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    1. This approach will inevitably erode the public's right to know, and ordinary South Africans will again be kept behind a veil of ignorance.
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    1. These expressions advocate hatred and stereotyping of Muslims on the basis of immutable characteristics that is particularly harmful to the achievement of our core values as a nation, and reinforces and perpetuates patterns of discrimination and inequality.
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    1. On one interpretation, the proviso is drafted in a way that gives narrow protection to the press.
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    1. Section 10 of the Equality Act Section 10 of the Act has a number of important features.
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    1. Sections 10 and 12 of the Equality Act are important provisions that purport to regulate hate speech.
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    1. Caricatures such as those depicting the Prophet Mohammed as a terrorist shows a lack of human sensibility and in some cases constitute unacceptable provocation.
    1. While derogatory language is reprehensible and reflects appallingly on the perpetrator rather than the victim, it seems that the more disempowered a group, the more its members need legal protection.
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    1. Act draws on a report called Legislation Infringing Freedom of Expression: A Call for Amendment which I wrote for the South African National Editors Forum and the Centre for Applied Legal Studies (23 January 1996).
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    1. Jajbhay J conceptualizes his role as nation builder.
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    1. Racist insults can also be criminal and result in criminal penalties and a criminal record.
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    1. SA Police Services it is more than likely that she had been exposed to situations previously where individuals had used rude and abusive language in her presence and probably even directed it at her.
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    1. Courts in different democratic societies have dealt with attempts to regulate hate speech in different ways.
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    1. Sections 10 and 12 also aim to regulate all speech.
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    1. It is interesting that the judge did not simply order the return of the photographs forthwith which was probably the appropriate response in the circumstances.
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    1. Such language, I dare say, may even have made a sailor blush.
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    1. The magistrate appears to me to have overlooked this circumstance.
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    1. Two advocates took pornographic photographs of themselves and another woman and sent them to a commercial firm for development.
    1. Section 10 of the Equality Act goes much further than proscribing hate speech.
    1. This is not only demeaning but also undignified.
    1. Hill was dismissed from his position.
    1. In the context of defamation our courts have conceded that the press should not automatically be held liable for any defamatory statement that they cannot prove is true.
    1. The actio injuriarum is a civil claim where a wronged party sues for monetary compensation.
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    1. The Canadian courts are far more sympathetic to legislative measures which aim to prohibit hate speech.
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    1. The Act is surprising in that it does not distinguish statements made in private conversation from public utterances.
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    1. Here, the limitation of the right to freedom of expression is to my mind justifiable in the interest of human dignity, which constitutes a founding value of our Constitution.
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    1. In marginal cases it will be difficult for editors and other individuals to anticipate whether a segment of society would find a particular article or particular speech hurtful or harmful.
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    1. This formulation may help to insulate sections 10 and 12 from constitutional attack.
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    1. The utterance, it seems, was made in anger and is nothing more than idle abuse by the accused or a forthright, if unflattering, description of the complainant.
    1. Neetling v Du Preez and Others; Neethling v the Weekly Mail and Others 1994 (1) SA 708 (A) which financially crippled the Vrye Weekblad.
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    1. Section 10 targets language that could reasonably be construed to demonstrate a clear intention to be hurtful, harmful or to incite harm or to promote or propagate hatred.

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