At a media briefing on Wednesday, AfriForum stepped up their plans to fight The Prevention and Combating of Hate Crimes and Hate Speech Bill – a new set of laws which will clamp down on grossly-offensive utterances.

The powers that be have marked this is a step in the right direction, by presenting legislation which promises tougher punishments for those who discriminate against others based on their race, gender, sexuality, religion, ethnicity or age.

Why AfriForum oppose the new hate speech bill

However, AfriForum Deputy CEO Ernst Roets has his suspicions with this proposed new law, which has completed its public feedback stage and currently awaits Parliamentary ratification. The group executive feels very uneasy with how the bill seeks to criminalise “offensive speech”, and believes there are too many grey areas on this one:

“The challenge is to find a healthy balance between encouraging free speech and combating hate speech. We believe that the Bill will fail miserably in this, as it suggests that mere offensive speech should be regarded as hate speech. This is a violation of the principle of free speech.” Ernst Roets

AfriForum want the right to offend

However, one of AfriForum’s biggest concerns are with the punishment, rather than the crime. A recently-released media statement suggests that citizens of South Africa could find themselves behind bars if they use offensive language in a non-threatening way – a right they fiercely want to defend.

“The grounds on which hate speech can be committed according to the Bill is too far-reaching and includes age, for example. The consequence is that mocking someone based on their age (such as calling someone an “old fart”) could amount to a criminal offence punishable by three years in jail.” AfriForum statement

The difference between hate speech and free speech in South Africa

The fightback has already begun for the group: Roets and co have tendered a written submission to the Department of Justice and Constitutional Development regarding the hate speech bill. AfriForum are also in the process of applying to make an oral submission on the matter to Parliament and encourage the public to sign their petition.

If you use an extremely offensive word to convey your hatred of a certain type of person – based on race, religion, ethnicity, gender or age – or encourage violence against them, that’s when you’re in hate speech territory.

If you express displeasure or opposition over one of these groups – without calling for acts of violence or using grossly offensive terms – then you are covered by free speech. You can read more about the differences in this explainer.

Here’s what’s in the Hate Speech Bill

The Bill aims to provide for the offence of hate crime and the offence of hate speech and: