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When political expression turns into hate speech : is limitation through legislative criminalisation the answer?

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dc.contributor.advisor Spies, A. (Ms.)
dc.contributor.author Vosloo, Michelle
dc.date.accessioned 2012-03-26T12:44:22Z
dc.date.available 2012-03-26T12:44:22Z
dc.date.issued 2011-10
dc.identifier.uri http://hdl.handle.net/10500/5582
dc.description.abstract This study investigates the interaction between freedom and limitation as applied to political expression and hate speech. The need for the limitation of hate speech, with its inherent risk of escalation into other serious crimes such as genocide, is established. The view of the South African courts is identified as pro-limitation but generally respectful of the right to freedom of expression. A lacuna in current constitutional law, common law and legislative remedies is evident and the various ways in which limitation can be effected are explored; the researcher finds for criminalisation as an effective measure to address this lacuna in hate speech regulation. The importance of complying with the international call for the criminalisation of hate speech is analysed. Insight is gained regarding what would be an effective model for criminalisation. Here lessons are taken from foreign comparatives that have successfully criminalised hate speech in the context of their cultural identity, history and social needs. Ultimately, a framework for effective hate speech criminalisation in South Africa is formulated. en
dc.format.extent 1 online resource (141 p.)
dc.language.iso en en
dc.subject Criminalisation en
dc.subject Draft hate speech bill en
dc.subject Freedom of expression en
dc.subject Libertarianism en
dc.subject Political speech en
dc.subject Promotion of equality en
dc.subject Prevention of Unfair Discrimination Act en
dc.subject.ddc 342.853068
dc.subject.lcsh Freedom of speech -- South Africa
dc.subject.lcsh Hate speech -- South Africa
dc.subject.lcsh Freedom of expression -- South Africa
dc.subject.lcsh Constitutional law -- South Africa
dc.subject.lcsh Justice, Administration of -- South Africa
dc.title When political expression turns into hate speech : is limitation through legislative criminalisation the answer? en
dc.type Dissertation en
dc.description.department Constitutional, International & Indigenous Law
dc.description.degree LL.M


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