FOR SA fights the dangerously vague hate speech law

https://www.youtube.com/watch?v=sH_PhIhrrcg

Facts

In 2019, the Prevention and Combating of Hate Crimes and Hate Speech Act was introduced, defining hate speech as expression that (1) incites harm, (2) promotes hatred, and (3) targets specific groups based on listed characteristics. However, controversial categories like gender identity, gender expression, and sex characteristics are included without clear definitions, making grounds for criminal conviction dangerously broad and ambiguous.

The Act’s definition of harm is concerning, including “substantial emotional harm” and “social harm”—terms so vague they could apply to nearly anything that allegedly disrupts social cohesion. This could make it easier to face jail time (up to five years) for hate speech under this Act than to face civil penalties like fines or apologies under the Equality Act.

The Act’s defences for artistic, academic, journalistic, and religious speech are also weak, structured so circularly that they offer little protection. Essentially, you are not guilty of hate speech unless the Act determines you are—offering no genuine defence. Severe penalties include hefty fines with no upper limit or up to five years in prison.

Without FOR SA’s Involvement

Thanks to FOR SA’s campaigns, over 200,000 public submissions opposed the Bill’s hate speech provisions. FOR SA is now working with legal experts to challenge this law, which is blatantly unconstitutional and disregards principles of meaningful public participation. We are also exploring the option of drafting a Private Members’ Bill to correct the flawed definitions and address unconstitutional elements of the legislation.