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In short, to ban all speech that could be construed as intending to be hurtful to another person merely because of that person's race, sex, sexual orientation, religion, language, ethnicity, culture or age appears to be a legal bridge too far for the reach of the Constitution's commitment to freedom of expression, writes Serjeant at the Bar.
A landmark Supreme Court of Appeal judgment, which found that the current definition of hate speech is unconstitutional and invalid, is a positive step forward for democracy, former ambassador, journalist and activist Jon Qwelane’s legal team says.
Propagating speech that wounds, that fuels and legitimises bigotry, and that labels certain people unworthy of the protection of the law, should face legal sanction, writes Melanie Judge.
The hate speech verdict against "gay is not okay" columnist Jon Qwelane will ensure that freedom of expression is not used as a veil for hate speech, the SA Human Rights Commission has said.
The promotion of hate speech was evident in South Africa's former ambassador to Uganda Jon Qwelane's 2008 column, the High Court in Johannesburg has heard.
Poor blacks in townships are, in general, homophobic, Sunday Sun deputy editor Ben Viljoen told the South Gauteng High Court in Johannesburg.
The executive director of People Against Women Abuse (POWA) has told the High Court in Johannesburg that the 2008 article by South Africa’s former ambassador to Uganda, Jon Qwelane, was discriminating and offensive to the gay and lesbian community.
There is nothing in the 2008 Sunday Sun column by Jon Qwelane that incited violence or harm against members of the gay and lesbian community, his lawyer has argued in court.
The Supreme Court of Appeal judgment in the Jon Qwelane case removes the concept of "hurt" from South Africa’s hate speech laws. It affirms freedom of expression.
The Supreme Court of Appeal has found the current definition of hate speech to be unconstitutional after it ruled that former diplomat Jon Qwelane's opinion on same-sex marriage was hurtful, but did not amount to hate speech under the current definition.
Former Ugandan ambassador Jon Qwelane "directly contributed" to the formulation of anti-homosexuality laws in Uganda, the University of Pretoria’s Centre for Human Rights alleges.
Former ambassador to Uganda Jon Qwelane has been found guilty of hate speech, and ordered to offer an unconditional apology to the LGBT community within 30 days.
South Africa's former ambassador to Uganda Jon Qwelane was not aware of the cartoon and the headline which accompanied his homophobic column, the Sunday Sun’s deputy editor has testified.
She has been assaulted with bottles, stones and sticks because she is a lesbian, a woman has told the High Court in Johannesburg during the hate speech case against Jon Qwelane.
The homophobic hate speech case against South Africa’s former ambassador to Uganda, Jon Qwelane, is expected to continue in the High Court in Johannesburg.
The contents of the 2008 Sunday Sun column by Jon Qwelane were harmful and hurtful towards the gay and lesbian community, the Johannesburg High Court has heard.
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