Q: What is hate speech, and what is the penalty for using it?
A: Hate speech is defined as any utterance that advocates hatred that is based on race, ethnicity, gender or religion, and which constitutes incitement to cause harm. This echoes section 16 (2) of the Constitution of South Africa. Both Codes outlaw hate speech, which, firstly, encourages ill will, and secondly stirs up or urges others to act in a manner that is likely to cause harm to others simply because of their race, ethnicity, gender or religion.
Mere offence is not sufficient cause for a finding of hate speech.