New Hate Crimes and Hate Speech Law comes into force in South Africa

 

South Africa President Cyril Ramaphosa signed the Preventing and Combating of Hate Crimes and Hate Speech Bill,.

According to the new law, the direct or indirect unfair discrimination against anyone on the grounds of age, albinism, culture, disability, ethnic or social origin, gender, HIV status, language, nationality, migrant, refugee status, asylum seekers, occupation, trade, political affiliation, conviction, race, religion, sex, sexual orientation, gender identity or expression, sex characteristics or skin color is a criminal offense punishable by a fine or up to eight years in prison.

A hate crime is committed if a person commits any recognized offense under any law that is motivated by prejudice or intolerance based on one or more characteristics or perceived characteristics of the victim, as listed in the legislation or a family member of the victim.

The law also makes it an offense when speech material is intentionally distributed or made available in electronic communication, and the said person knows that such electronic communication constitutes hate speech.

South African LGBTQ organizations have welcomed the new law that seeks to combat hate crimes and hate speech.

“As Out, we commend President Cyril Ramaphosa on the move that he has made in making sure that the rights of LGBTQ persons are protected. We, as Out, also hope that other African countries can learn from this historic milestone that all people are equal and that their rights should be protected,” said Out LGBT South Rights Human Rights Coordinator Sibonelo Ncanana.