Frequently asked questions
WiseUp Gives you the Answers to your Questions.
Question: Are there any new legal developments regarding hate speech?
Answer: > The Prevention and Combatting of Hate Crimes and Hate Speech Act 16 of 2023 (“Hate Speech Act”) was recently signed into law by the President, however, it has not come into effect yet.
> The Hate Speech Act was drafted to address and lessen the issues surrounding hate crimes and hate speech in the country.
> The Hate Speech Act aims to criminalise hate crimes and hate speech that are usually motivated by prejudice which is more often associated with a person's race, religion, political association/status and so on. It should also be noted that gender, sexual orientation and gender expression are considered to be grounds on which hate crimes and hate speech can be based upon.
> Once in effect, the Hate Speech Act aims to provide for the reporting on the implementation and application of this Act. This means that further guidelines will be provided for on how to report the crime, when to report the crime and the process that will be taken for the consequence if found guilty of an offence under the Hate Speech Act.
> It is also important to note that the Hate Speech Act still considers section 16 of the Constitution, which allows a person to practice their right to free speech provided that it does not promote or incite any kind of hate speech.
Question: Will there be any consequences if a person shares someone else's social media post that is considered as hate speech?
Answer: > The Hate Speech Act states that it will be an offence to distribute or make available any electronic communication that the person knows constitutes hate speech.
> This means that just the sharing of a social media post that contains hate speech can leave a person in trouble.
> Although there are similar consequences currently in place, the specific inclusion of these actions as an offence highlights the seriousness of trying to eliminate hate speech.
Question: What is the National Council on Gender Based Violence and Femicide?
Answer: > There has been plenty of talk about this new council as a result of the National Council on Gender Based Violence and Femicide Act 9 of 2024 (“GBV Council Act”) that was recently signed into law by the President. Although it has not come into effect yet, it indicates the developments being made in respect of gender-based violence and femicide.
> The GBV Council Act will establish a National Council on Gender-Based Violence and Femicide (“GBV Council”) to address and combat the issues specifically relating to gender-based violence and femicide.
> The GBV Act defines femicide as “…the killing of a female person or a person on the basis of gender identity as a female, whether committed by a person within a domestic relationship interpersonal relationship or by any other person.”
> The GBV Act also defines gender-based violence as “…violence associated with gender, which includes physical, sexual, verbal, emotional, economic, domestic, educational or psychological abuse or threats of such acts of abuse in public or private life.”
> The GBV Council in terms of the GBV Act must create a plan to implement a national strategy addressing gender-based violence and femicide, and come up with measures for education and training concerning the prevention and combating of gender-based violence and femicide.
> On 24 May 2024, President Cyril Ramaphosa remarked that various efforts have already been put in place (such as strengthening laws around gender-based violence) that led to improvements in conviction rates and in stricter sentencing. The President went on to state:
“While this progress is welcome, our greatest task is to prevent gender-based violence from being perpetrated in the first place We are confident that this Council will provide much of what we need and will further strengthen the national effort to eradicate violence against women and children.”
> In light of this, the GBV Council will aim to ensure measures are in place regarding the safety and protection of women and children in the country who fall victim to these crimes.
Question: When an Act is signed into law, does it mean it is effective immediately?
Answer: > Part of the process for legislation to be made is when an Act is signed off by the President.
> When an Act is signed off, it does not necessarily mean it has come into effect immediately.
> Sometimes an Act may require certain actions to be taken by other departments, for example, regulations and rules may have to be created first to regulate more aspects around the Act. Sometimes new departments or entities must first be established before an Act can fully come into effect.
> In such cases, an Act contains a provision that provides that it will only come into effect on a date determined by the President by proclamation in the Gazette.
> Once the necessary actions have been finalised, the President is approached and requested to put the Act into operation on a certain date.
Did you know…The sharing of social media posts that contain hate speech can leave a person in trouble.