Written by: Michael Swain, Executive Director, FOR SA
Article source: Supplied
Dear Friend,
On 5 December 2023 Parliament passed the Hate Speech Bill – a law which will directly impact our right to freedom of religion! The Bill will now go to the President to be signed into law. Once President Ramaphosa signs it, it will be enforceable.
TAKE ACTION!
We can still write to President Ramaphosa to not sign the Bill into law! The Constitution (section 79(1)) allows him to send the Bill back to Parliament if he has concerns about whether it is constitutional or not!
Click here to submit a letter via DearSA
Why write to the President?
The Bill violates our constitutional rights as religious persons to express our religious beliefs without fear of punishment or persecution (section 15, read with section 16). Increasingly, around the world but also in South Africa, various holy scriptures (particularly on contentious issues) are regarded as “politically incorrect” or “offensive”, allegedly causing emotional and/or social harm.
Criminalisation of expression:
The Bill criminalises makes “hate speech” a criminal offence – but defines “hate speech” wider than the Constitutional Court. Parliament has failed to define the quintessential element of “hate” in the Bill (so people know when they are committing hate speech as opposed to merely offensive speech).
This means the Bill will make any speech (as well as the distribution of such speech) that could be construed to be “harmful” (which includes emotional harm (i.e. hurt feelings), on a wide range of grounds, a criminal act carrying up to a 5-year jail sentence.
Religious Freedom Concerns:
This will potentially have dire repercussions on freedom of (religious) expression. Especially, because Parliament has failed to strengthen the “religious exemption clause” in the Bill. This means there will be very little practical protection for religious people who share their faith on the Bill’s wide range of grounds publicly.
Kind regards
Executive Director, FOR SA
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Date published: 13/12/2023
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