“I am free to say whatever I wish because the Constitution says that I can…”
This is a comment that many South Africans use to justify the words that come out of their mouths. However, there is a big difference between free speech and hate speech.
The above has led to a heated debate among many South Africans, many of whom have found themselves in hot water. But how do we know if what we have said is hate speech? For example, is calling a colleague an idiot hate speech? Is a Facebook status referring to your friend as a moron hate speech?
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The truth is that we are all guilty of insulting one another on a regular basis. However, the above examples do not necessarily qualify as hate speech. When these insults are based on race, religion, national origin, sexual orientation, disability, or other traits – then we cross the line from freedom to hate.
In the event that this does occur, one can go to the Equality Court. The courts will apply an objective test and ask how a reasonable person would react or feel in that particular circumstance. For example, any reasonable person would be greatly insulted when called a dirty pig.
The Equality Court may apply various sanctions in the event that a person is found guilty of hate speech.
For example, an interdict may be used to stop the guilty party from making the hateful remarks, a monetary claim for damages may be awarded to the innocent party and/or an unconditional apology may be expected of the perpetrator.
It is important to understand why so many South Africans fight wholeheartedly against hate speech. We live in a country where hate, based on race is embedded in our dark past.
We are free to say just about anything. We are, however, not free to insult, ridicule or belittle our neighbour. The distinction between hating and being free should be obvious to any adult in our country.
It, apparently, is not. A hateful thought should never knock on the door of a ‘free’ mouth.
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