The South African government is considering a draconian hate speech bill that expands the definition of hate speech and criminalizes criticism of politicians, making it possible to be jailed for three years for mocking the president.
The provisions in the “Hate Speech Bill” are vague enough to cover cartoons and other criticisms of the president and his cabinet, as they “insult” and “bring them into ridicule,” according to the draft of the law.
Penalties for breaking the hate speech law, if the bill passes, will include fines and jail time – up to three years for a first conviction and up to ten years for a second, according to Fin24.
The law would also chill the free press in South Africa. Journalists who distribute cartoons critical of politicians will be subjected to the same penalties, despite their intention to inform the public, rather than insult the president of his cabinet.
Many people have come out against the bill, criticizing draconian measures in the bill. South African author Dan Roodt claimed the law would make most published literature illegal: “In 2017 we’ll have to fight for freedom of speech in S. Africa. New ‘hate speech’ bill will make 90% of published literature illegal.”
An NGO supporting free speech, The Free Market Foundation (FMF), has also come out in opposition to the bill. The group pointed out that the bill would criminalize anyone making general statements such as “All politicians are thieving liars” or “All lawyers are blood-sucking parasites” – and be subjected to harsh jail terms.
The group also said: “In its current form, the Department of Justice’s ‘Hate Speech Bill’ will have a profound effect on our constitutional democracy, violates the principle of double jeopardy, introduces 17 grounds for offence – 13 more than the current four of race, ethnicity, religion and gender – and makes normal insult and ridicule into a crime.”
“If enacted, South Africa will become one of the few countries in the world where freedom of expression is regulated to this draconian extent especially as, contrary to international practice, the Bill provides for no exemptions or defences.”
