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Do not spread hate speech!

Residents of Mbombela have been in uproar on social media regarding a change in ownership and stocking policy at a local establishment which lead to more than 300 comments on the Laevelders group with people sharing a variety of views and beliefs.

A Facebook argument among locals placed the topic of hate speech in the spotlight on Tuesday October 10.

It all started with a post on Facebook’s Laevelders group.

The author urged Christians to boycott a local grocery store because it no longer sells pork. “Everything in the store is now halaal,” she wrote, adding that she considered the store’s decision unjustifiable for religious reasons.

More than 300 comments followed, some of which contained discriminatory statements based on race and religion.

Although hate speech cannot be criminally prosecuted, it is a violation of the victim’s basic human rights.

Read more: Hate speech: What you must know

The Constitution defines hate speech as, “Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm”.

Therefore, hate speech will only be present if:
1. The statement made encourages hatred
2. The advocacy relates to a group characterised by race, ethnicity, gender or religion (in terms of the Constitution) or sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth (in terms of PEPUDA)
3. The hate speech incites people to cause harm.

Locals are urged to refrain from committing hate speech – either on- or offline. Those who have been affected by hate speech may report it to the Human Rights Commission. From there, it may be referred to the Equality Court.

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