When Does Freedom Of Expression Go One Step Too Far?

Freedom of expression and hate speech must be considered against the background and the diversity of the population of a specific country, culture, historical background and history in general. The test of whether hate speech constitutes freedom of expression will therefore differ from country to country. Although an offensive or controversial view does not necessarily constitute hate speech, in our rainbow nation, South Africans must be cautious not to step over the line and the only way to do this is to be aware of the cultural difference in the country and show respect to fellow South Africans.

In the recent matter of Nelson Mandela Foundation Trust and Another v Afriforum NPC and Others [2019] 4 All SA 237 (EqC), the court found that hate speech is not limited to verbal expressions of disparaging content but encompasses other types of expressions. In this matter, the court had to consider whether the display of the old South Africa flag constituted hate speech