What is Freedom of Expression and what is hate speech?

Section 16 of the Constitution protects freedom of expression. Expression includes words and other expressive activities. The right also protects ideas that will offend or disturb people and therefore includes a duty to be tolerant of others. The Courts ultimately decide what kind of expression the Constitution prohibits. Freedom of Expression includes the right to receive information and unrestricted ideas. One of the goals of protecting these rights is to promote open, responsive and accountable governance.
The right to freedom of expression is limited in some circumstances - as long as the limits are reasonable and justifiable in an open and democratic society. Hate speech challenges the dignity of others and causes harm and is not protected by the Constitution. Section 16 outlines different forms of hate speech which The Promotion of Equality and Prevention of Unfair Discrimination Act elaborates on. You can use the Equality Court to challenge hate speech and the Court can make a variety of orders.

Пікірлер: 40

  • @TheHollandHS
    @TheHollandHS2 жыл бұрын

    People are so incredibly ignorant about Freedom of speech. is NOT about RIGHT OR WRONG . It’s about giving equal platform to all humankind to speak and prevent power imbalance by not letting authority block or influence speech. Because no can censor the opinions of an authority anyway.

  • @Moodboard39

    @Moodboard39

    Ай бұрын

    Should be allow

  • @benjaminmalatsi7951
    @benjaminmalatsi79513 жыл бұрын

    I'm guessing South Africa doesn't have free speech from what i'm hearing

  • @Rj-cl1zw

    @Rj-cl1zw

    2 жыл бұрын

    Words are expression…

  • @RL-ue4dz

    @RL-ue4dz

    Жыл бұрын

    Compared to America it's less free. But really good for an African and 3rd world country.

  • @TheHollandHS
    @TheHollandHS3 жыл бұрын

    It just doesn't feel symmetrical.

  • @TheHollandHS
    @TheHollandHS3 жыл бұрын

    Some people feel things easily hurt than others. That s how humans are.

  • @JohnJohnson-mo4bn

    @JohnJohnson-mo4bn

    Жыл бұрын

    And?

  • @Moodboard39

    @Moodboard39

    Ай бұрын

    So ? Maybe stop taking thing emotionally .

  • @TheHollandHS

    @TheHollandHS

    Ай бұрын

    @@Moodboard39 but what if they don't ?

  • @PeskySpyCrab
    @PeskySpyCrab2 жыл бұрын

    The problem is that there is no way to mesure hate speech, dispite the video saying that these laws need to be narrow. Someone who takes offence can state that the your argument has no ground and that you are mearly seeking to hate and sue you. An example of this is abortion. Being anti abortion means you are looking out for the rights of the child, however this could also be interperated as disregarding the rights of the women (gender hate crime). The reciever of these arguments choose to only hear the bad parts and concider the remarks as blind hate with no baking, which is enough ground to take you to court

  • @PhilipCoetsee
    @PhilipCoetsee3 ай бұрын

    As a young white South African I can confirm that only the use of the "K-word" (Likened to the N-word in the US) is considered to be "Hate Speech" and will be heavily scrutinised and excessively punished. However, any death threats or verbal attacks or songs about killing whites are not hate speech and is very well protected under free speech law and arrogant claims of cultural entitlement. Also, note that any retaliation by the minority whites will be seen as blatant racism and is again heavily scrutinised and excessively punished by the law.

  • @shawnburnham1
    @shawnburnham1 Жыл бұрын

    2:00

  • @ayaan9646
    @ayaan96468 ай бұрын

    I don't believe hurting religious sentiments is hate speech at all, no matter how aggressive you are. After all, the renaissance could only happen due to so many free thinkers over dark age christendom fanatics.

  • @ayaan9646

    @ayaan9646

    6 ай бұрын

    @@riikerman the USA is free. However, with such a large number of immigrants from poorer, religious countries, it’s already become unsafe to criticise religion, and I won’t mention which one, we all know.

  • @northwind2050
    @northwind20503 жыл бұрын

    Simply put if your liberal say do whatever you want. If you are Conservative you are to keep quiet because anything you say is hate speech. Including saying Amen at the end of a prayer.

  • @soggychip3784

    @soggychip3784

    3 жыл бұрын

    this is very true

  • @TinNguyen-rl2xr

    @TinNguyen-rl2xr

    3 жыл бұрын

    And if you're a white straight pure male who is a Christian from the country of birth your just dead

  • @givemethemusicd
    @givemethemusicd Жыл бұрын

    There is no such thing as hate speech in a free society. It is just speech.

  • @ayaan9646

    @ayaan9646

    8 ай бұрын

    absolute truth

  • @urbnctrl

    @urbnctrl

    7 ай бұрын

    Thats why you have the second amendment no?😂

  • @Moodboard39
    @Moodboard39Ай бұрын

    Hate speech is protected. Threats, harssaement, violence isn't.

  • @davidpar2
    @davidpar211 күн бұрын

    “Hate speech” ABSOLUTELY IS protected by the constitution. “Hate speech” is a narrative, not an actual thing. Slander, libel, defamation, and overt threats are objective grievances; “challenging the dignity of others” is not.

  • @kevincooke1405
    @kevincooke14054 жыл бұрын

    bs

  • @gleelights9525

    @gleelights9525

    Жыл бұрын

    "See bee ess"

  • @Moodboard39

    @Moodboard39

    Ай бұрын

    Hahha, u one of those

  • @Moodboard39
    @Moodboard39Ай бұрын

    Social media silence Cuz u have a opinion. Lol