What is freedom of expression and what is hate speech?

Article 16 of the Constitution protects freedom of expression. Expression includes words and other expressive activities. This right also protects ideas that might offend or disturb people and therefore includes the duty to be tolerant of others. Courts ultimately decide what type of expression the Constitution prohibits. Freedom of expression includes the right to receive information and ideas without restriction. One of the objectives of protecting these rights is to promote open, responsive and accountable governance.

The right to freedom of expression is limited in certain circumstances – provided that the limits are reasonable and justifiable in an open and democratic society. Hate speech violates the dignity of others and causes harm and is not protected by the Constitution. Section 16 describes different forms of hate speech that the Promotion of Equality and Prevention of Unfair Discrimination Act elaborates on. You can use the Equality Tribunal to challenge hate speech and the Tribunal can make various orders.

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