Highlights
Question 1
Thandeka, having inherent freedom of expression, posts the following on Facebook: “Dubula ibhunu, Dubula amabhunubayaraypha” (which translates to "shoot the
Boer/farmer, shoot the Boer/farmers they are rapists"). Because Facebook is a public platform accessible by the general public, Jason reads the post. He finds the said post severely offensive because his father is a farmer in the Winelands of the Western Cape. He takes legal action against Thandeka.
Required:
Discuss the defence of Jason against Thandeka in terms of section 16(2) of the Constitution and substantiate your discussion with relevant case law. Your answer should include the following:
1.1 Describe freedom of expression in terms of section 16 of the Constitution of the Republic of South Africa 1996
1.2 Describe hate speech in terms of the Freedom of Expression Institute (2013: 13)
1.3 Discuss limitation of freedom of expression in terms of section 16(2) of the Constitution
1.4 Discuss the prohibition of hate speech with specific reference to the relevant legislation
1.5Discuss the relevant case law which explained freedom of expression in terms of section 16 of the Constitution of the Republic of South Africa 1996.
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