Freedom of Expression does not apply to hate speech, South African Constitution, Section 16,2
"WHEREAS the Constitution of the Republic of South Africa, 1996, commits the Republic of South Africa and its people to establish a society based on the democratic values of social justice, human dignity, equality and the advancement of human rights and freedoms, non-racialism and non-sexism; AND RECOGNISING THAT— • section 16(1) of the Constitution provides that everyone has the right to freedom of expression; and • section 16(2) of the Constitution provides that the right to freedom of expression does not extend to, among others, advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm; AND BEARING IN MIND THAT— • section 7(2) of the Constitution provides that the State must respect, protect, promote and fulfil all the rights enshrined in the Bill of Rights, which is the cornerstone of democracy in South Africa; and • section 8(2) of the Constitution provides that a provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right; AND WHEREAS Article 4(a) of the International Convention on the Elimination of All Forms of Racial Discrimination, to which South Africa is a signatory to, requires States Parties to declare, amongst others, an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin On Dec 3, 11:13 am, Jeannine Louw <[EMAIL PROTECTED]> wrote: > ³If we don't believe in freedom of expression for people we despise, we > don't believe in it at all² - Noam Chomsky > > On 12/3/08 10:50 AM, "Mel Hoffman" <[EMAIL PROTECTED]> wrote: > > > > > > > Hi there, > > I totally agree that this board is for neighbour hood related issues, > > and that it is tiresome to keep reading the backwards and forewards on > > the issue I have had with JW. > > I know it annoys people, and if I were new to the board I would be > > quite shocked and would probably leave. > > > I just can't keep quiet when blatant hate speech is written and by > > default tolerated. It shouldn't be an issue between me and JW. > > > Edwin Burke's famous quote: > > "All that is needed for evil to prevail is for good men to do > > nothing." > > > Melanie- Hide quoted text - > > - Show quoted text - --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "The Observatory Neighbourhood watch" group. To post to this group, send email to obsnw@googlegroups.com To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/obsnw?hl=en -~----------~----~----~----~------~----~------~--~---
