Letter: Proposed law will incite more hatred

On October 24, Justice Minister Michael Masutha announced that a new proposed ‘Hate speech Bill’ had been opened for public comment, which has been extended to January 31, 2017.
What makes this Bill different to existing laws  which are sufficient to deal with abuses, defamatory language inciting to action and bodily harm against certain racial groups, nations and culture etc? The new Bill criminalises ‘hate speech’.
The  broad definition of ‘hate speech’ includes any communication which is considered “abusive or insulting”, any act of “contempt or ridicule” of a person, or group of persons on the basis of race, gender or sex, which includes intersex, ethic or social origin, colour, sexual orientation, religion, belief, culture and language etc will become a crime. Fines and jail sentences range from three to 10 years.
This does not only pertain to an oral statement. The definitions of “communication” in the Bill includes: gesture, display, expression, written, illustrated, visual or other descriptive matter, representation or reference, or an electronic communication. This includes all e-mail and social media communications. What you post on Facebook or tweet on Twitter can get you into hot water! As we have found in the case of Penny Sparrow, however, it will go one step further than just a fine, jail!
Media beware, there is an assault on freedom of speech which is our Constitutional right! An assault on our freedom to have an opinion and to express it. Journalists and writers will no longer be free to report the truth as it is, just in case it might offend someone. No more biting criticism or sarcasm in newspaper cartoons allowed.
It’s censorship! There is a huge flaw in this Bill! All you need is one person, with fake or false witnesses to condemn an innocent person or people, accuse them of being racist and spewing hate speech. Besides, who determines what pertains to an ‘objective’ definition of hate speech or not? Who decides what is an ‘appropriate’ sentence? The government of the day?
Not only is it a threat to freedom of speech but also to religious freedom. People will be constrained to express and observe their religious or other convictions freely. No longer the right to communicate their beliefs in public, or public institutions.
As an individual or as a group, comments can be mailed directly to the Department of Justice at: hatecrimes@justice.gov.za’ or faxed to 012 406 4632. In my opinion if this proposed Bill becomes law, it will only incite more hatred!
CHERYL HUBER
Kranskop