Since the adoption of the 1994 Constitution and the official end of apartheid, South Africa has been referred to as the ’Rainbow Nation’, symbolizing the ideal of different cultures coexisting peacefully within the country. However, researchers have pointed to how South Africa, like other countries, has a problem with intolerance and hate speech targeting minorities, particularly on social media.
Academic research attributes the construction and spread of hate narratives in South Africa to numerous factors, including xenophobic attitudes, nationalism, and identity conflicts. These online hate narratives have been linked to real-world violence against minority communities.
On this page, we highlight research that explores these issues. The projects address various aspects of the interplay between historical narratives, hate speech, race, religion, gender, and identity, offering insights into how societies in South Africa navigate divisive narratives. Through these studies, we aim to highlight both the challenges and strategies used to foster inclusivity and understanding in diverse communities.
Associate Professor of Historical Studies Adam Mendelsohn from the University of Cape Town discusses the 2022 report “The Dynamics of Racism, Antisemitism, and Xenophobia on Social Media in South Africa”
Combating hate speech on the ground – An interview project with NGOs
South Africa has one of the world’s highest numbers of non-governmental organizations (NGOs) working for human rights. These organizations combat discrimination and hate crime as it unfolds in everyday social life. This project has explored how hate speech affects minorities and how NGOs work to combat online hate.
This project aim investigate:
- How NGOs assess manifestations of online hate speech,
- Patterns NGOs identify in online hate speech
- Experiences described by members of their communities and possible connections between online hate and real-world incidents of discrimination and violence.
- How the NGOs work to combat online hate speech
Responsible for the project: Dr. Vibeke Moe and Dr. Cora Alexa Døving
Duration: 2023-2025
Legal Human Right Approaches to Online Hate Speech in South Africa
This text outlines the key legal frameworks regulating online hate speech in South Africa. It provides a detailed explanation of the elements that constitute hate speech, emphasizing the complex relationships and tensions between the need to protect individuals from expressions of hate and the broader protection of human rights.
The legal regulation of hate speech in South Africa is a multifaceted issue shaped by the country’s unique cultural, historical, and social context. These factors are crucial in constructing the legal discourse around what constitutes hate speech. This is especially important in the post-apartheid era, where the country’s history of racial and social division continues to influence the interpretation and implementation of legal provisions.
Moreover, South African legal decisions that delimit what constitutes hate speech balance the protection of different internationally recognized human rights. At the core of this task is the tension between the right to freedom of expression (Article 19, ICCPR) (Link) and the protection of other fundamental rights, such as the right to freedom of religion (Article 18, ICCPR) (Link) and the right to equality and non-discrimination (Articles 2 and 26, ICCPR) (Link).
The Legal Framework Against Hate Speech in South Africa
In South Africa, the legal framework for addressing hate speech is based on three main pieces of legislation: The Constitution, the Promotion of Equality and Prevention of Unfair Discrimination Act, and the Prevention and Combating of Hate Crimes and Hate Speech Bill.
The cornerstone of this framework is the South African Constitution (link) from 1996, which, in Section 9, established the principle of non-discrimination as a constitutional right. Moreover, regarding hate speech, Section 16 includes a direct limitation on the enjoyment of the right to freedom of expression, excluding from its protection the “advocacy of hatred based on race, ethnicity, gender, or religion, and that constitutes incitement to cause harm.” Section 16 plays a central role in defining the scope of what can be considered as hate speech, as it states that not all forms of hateful advocacy qualify as such. For speech to be hateful according to this definition, the individual must have the intent to incite harm.
Moreover, an additional layer of protection against hate speech was introduced with the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) (link) from 2000. Building on principles from the Constitution, such as Section 9, the Act’s purpose is the prevention of discrimination and hate speech based on a person’s identity, such as race and gender. One important contribution of this law is Section 16, which established Equality Courts tasked with hearing and resolving cases related to unfair discrimination and hate speech. Within this framework, important rulings have been made, including the 2022 case “AfriForum v Economic Freedom Fighters and Others” (link), also known as the “Kill the Boer” case.
Furthermore, in a recent advancement in legislation regarding the regulation of hate speech, the Prevention and Combating of Hate Crimes and Hate Speech Bill (link) was introduced in 2018. While this bill also addresses hate speech, it differs from PEPUDA by adopting a criminal approach, imposing penalties for hate speech offenses. This criminalization of hate speech was actively debated during the bill’s public hearings at the National Council of Provinces and the National Assembly (link), where its content was thoroughly discussed. These debates centered on the tension between protecting human rights, such as the right to be free from discrimination, and safeguarding fundamental freedoms like freedom of expression and freedom of religion or belief. These discussions highlighted the diverse ways in which different groups perceive legal frameworks. For instance, LGBTQ+ communities strongly advocated for the bill, emphasizing the need for enhanced protections against hate speech and discrimination. In contrast, some minority religious groups expressed concerns about the potential limitations the bill might place on their freedom of belief.
In conclusion, South Africa’s approach to regulating hate speech highlights the balance between protecting freedom of expression and safeguarding other fundamental human rights such as equality, non-discrimination, and freedom of belief. As legal provisions are interpreted and applied, the country’s unique historical and social context plays a critical role in ensuring that both individual freedoms and the protection of vulnerable groups are maintained.
Literature
Department of Justice and Constitutional Development South Africa. (2000). Promotion of Equality and Prevention of Unfair Discrimination Act.
https://www.justice.gov.za/legislation/acts/2000-004.pdf
Department of Justice and Constitutional Development South Africa. (2018). Prevention and Combating of Hate Crimes and Hate Speech Bill.
https://www.justice.gov.za/legislation/hcbill/B9-2018-HateCrimesBill.pdf
OHCHR. (1966). International Covenant on Civil and Political Rights. OHCHR.
Parliamentary Monitoring Group. (2023). Prevention and Combating of Hate Crimes and Hate Speech Bill (B9-2018) https://pmg.org.za/bill/779/
Republic of South Africa. (2022). AfriForum v Economic Freedom Fighters and Others. Republic of South Africa
https://www.saflii.org/za/cases/ZAGPJHC/2022/599.html?
South Africa. (1996). Constitution of the Republic of South Africa, 1996. Department of Justice and Constitutional Development. https://www.justice.gov.za/constitution/SAConstitution-web-eng.pdf
United Nations. (1966). International Covenant on Civil and Political Rights. https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights#:~:text=Article%2018,-1.&text=practice%20and%20teaching.-,2.,or%20belief%20of%20his%20choice.
- The Chinese Association SA
- The Consortium for Refugees and Migrants in South Africa (CoRMSA)
- South African Muslim Network (SAMNET)
- Fight With Insight
- Rite2Live
- South African Jewish Board of Deputies (SAJBD)
- Cape Town Holocaust and Genocide Center (CTHGC)
- The Kaplan Centre for Jewish Studies
- Rainbow Activist Africa
- Jehovah’s Witnesses
- Denis Hurley Centre
- Shandukani Research Center
- Media Monitoring Africa (MMA)
- Cape Cultural Hindu Society
- The Open Mosque Cape Town
- Hate Crimes Working Group (HCWG)
- Lawyers for Human Rights
- Legal Resources Centre
Antisemitic hate speech on social media in South Africa
In this interview, Associate Professor of Historical Studies Adam Mendelsohn from the University of Cape Town discusses the 2022 report “The Dynamics of Racism, Antisemitism, and Xenophobia on Social Media in South Africa“, co-authored by Thierry Rousset, Gavaza Maluleke, and himself. The report examines how social media often amplifies divisive agendas, with discourse frequently shaped by extremes. Analyzing online activity around key events in 2020 and 2021, this reports explores how racist, xenophobic, and anti-Semitic content circulates on platforms like Facebook, Twitter, and TikTok.
Dr. Adam Mendelsohn, professor and head of the Department of Historical Studies at the University of Cape Town and Director of the Kaplan Centre, shares his insights on antisemitism in South Africa.
Additional Readings
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Coverphoto: by Andrew Renneisen/Getty Images
