Between Speech and Silence: Hate Speech, Pornography and the New South Africa


Date: January 1, 1970
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In South Africa, controversies surrounding hate speech and pornography have assumed a high public profile since the birth of democracy in 1994. On the one hand, there are those who argue forcefully for maximum freedom of expression to establish a complete break with the crippling censorship of the past. They also argue that all attempts must be made to resist incremental encroachments on this newly-won right. On the other hand, there are those who argue with great passion that forms of expression that spread hatred, degrade and even incite to violence should be restricted to protect the rights of their victims. What are appropriate responses given the turbulent history of our country? Can we allow these forms of speech if certain groups of people are silenced, and even hurt by such speech? Can we afford to restrict them? These are critical questions for the new South Africa, and have become central to the debate on freedom of expression both in government and civil society in general.


Year of Publication: 1996

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