The regulation of racially derogatory speech in the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
Bibliographic Data
| ID | 6222601 |
|---|---|
| Authors | Joanna Botha (0000-0003-0099-399X, Department of Public Law, Nelson Mandela Metropoliton University, Port Elizabeth, South Africa, corresponding author), Avinash Govindjee (0000-0002-9402-9490, Department of Public Law, Nelson Mandela Metropoliton University, Port Elizabeth, South Africa, corresponding author) |
| Year | 2016 |
| Volume | 32 |
| Issue | 2 |
| Pages | 293-320 |
| Publication date | 2016-05-03 |
| Open Access | No |
| Type | ARTICLE |
| Venue | South African Journal on Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 0258-7203 • E-ISSN: 1996-2126 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/02587203.2016.1210932 |
| OpenAlex | W2546209383 |
| Language | EN |
A significant number of hate speech cases in South Africa involve the use of racially derogatory epithets in the form of inter-personal racial slurs. The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA), as a transformative human rights and anti-discriminatory statute, is ideally suited to regulate the use of such speech and to provide a means grounded in law to overcome the harm caused thereby both to its victims and to the broader societal good, which includes the constitutional ideal of an equal and pluralistic society embracing tolerance. Section 7(a) of PEPUDA, however, is an inappropriate tool for the regulation of racially derogatory epithets, which are more suitably addressed through the medium of the narrowed down hate speech regulator proposed for section 10(1) of PEPUDA
Epithet · Equal employment opportunity · Harm · Law and economics · Linguistics · Political science · Racism · Sociology · Statute · Comparative and International Law Studies · Hate Speech and Cyberbullying Detection · Law · Legal Issues in South Africa
| Highly cited | No |
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