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Freedom of expression in South Africa is guaranteed in section 16 of the Constitution of South Africa.This right to freedom of expression, which is regarded as being of fundamental importance to South African constitutional democracy, was first recognised in the Interim Constitution of 1993.
The Prevention and Combating of Hate Crimes and Hate Speech Act of 2023 (Act 16 of 2023) is a South African statute law aimed at reducing offensive speech and curbing hate crimes in South Africa. [1] The Bill was introduced in 2016 and sat before the South African National Assembly until it was passed in 2023 and signed into law in 2024. [2]
[xii] Thus, in line with Islamic Unity Convention, South African courts have interpreted freedom of expression broadly. [7] Notably, the Constitutional Court held in De Reuck v Director of Public Prosecutions that child pornography is a form of protected expression, though it is "of little value", "does not implicate the core values of the ...
Laugh It Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International and Another is a landmark decision of the Constitutional Court of South Africa on the intersection between freedom of expression and trademark law.
According to Majiedt, a disjunctive reading would unjustifiably limit the right to freedom of expression. On the vagueness question, the Constitutional Court held that the term "hurtful" as used in paragraph 10(1)(a) was indeed vague and that, in application, it imposed an unjustifiable and unconstitutional limitation on the right to freedom of ...
The post South Africa will mark 30 years of freedom amid inequality, poverty and a tense election ahead appeared first on TheGrio. South Africa will mark 30 years of freedom amid inequality ...
Under apartheid, freedom of speech was curtailed under apartheid legislation such as the Native Administration Act 1927 and the Suppression of Communism Act, 1950. [3] In light of South Africa's racial and discriminatory history, particularly the Apartheid era, the Constitution of the Republic of South Africa of 1996 precludes expression that is tantamount to the advocacy of hatred based on ...
Act to give effect to section 9 read with item 23 (1) of Schedule 6 to the Constitution of the Republic of South Africa, 1996, so as to prevent and prohibit unfair discrimination and harassment; to promote equality and eliminate unfair discrimination; to prevent and prohibit hate speech; and to provide for matters connected therewith.