Wilmien Wicomb writes that the South African Supreme Court of Appeal in Bloemfontein has ruled that speech that offends people is protected and acquits Bongani Masuku. While this is not directly applicable to the United Kingdom many of the arguments in this case can be applied in our courts.
Reprinted from GroundUp by permission
The Supreme Court of Appeal (SCA) this week delivered a judgment that provided much needed clarity about the meaning of “hate speech” as prohibited in the Equality Act. Understanding what constitutes hate speech is crucial to properly protecting and promoting the right to freedom of expression. Besides being a fundamental human right in section 16 of the Constitution, freedom of expression has been described by the Constitutional Court as “a guarantor of democracy”.
The dispute arose in February and March 2009, but was prompted by the military action against the Gaza Strip by the Israeli government at the end of 2008. The conflict resulted in more than seven hundred deaths. The violence received worldwide attention.