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Sending hate speech through WhatsApp or social media could now result in imprisonment and a fine after
President Cyril Ramaphosa signed the Preventing and Combating of Hate Crimes and Hate Speech Bill into law.
The legislation, introduced in the National Assembly in 2018, was revived in 2019 after it initially lapsed.
Although two Constitutional Court judgments delayed its progress, it was eventually passed by parliament
and sent to the President in December 2023.
Under the new law, a hate crime is defined as an offence motivated by prejudice towards the victim based on certain characteristics, such as race, gender, sex, religion, language, disability, or HIV status. Hate speech, conversely,
is defined as the deliberate publication of material that incites or promotes hatred.
Hate speech can be written, visual, or electronic, including WhatsApp messages and social media posts.
The law states that distributing or making such material available electronically, with the knowledge that it
constitutes hate speech, is a punishable offence.
CONSEQUENCES OF THE NEW LAW:
According to the Presidency, individuals guilty of hate speech could face a fine, imprisonment of up to five years, or both.
However, the law provides exemptions for content shared in good faith during:
Artistic creativity, performances, or expressions.
Academic or scientific research.
Fair and accurate reporting in the public interest.
Religious teachings, doctrines, or expressions of belief.
The legislation also includes provisions for training the South African Police Service (SAPS) and the National Prosecuting Authority (NPA) to handle cases effectively under the new framework.
WORKPLACE CONSEQUENCES:
DISCIPLINARY ACTION AND DISMISSAL:
Employers can take disciplinary action, including dismissal, if employees violate workplace rules through WhatsApp messages, even in private conversations.
LEGAL REQUIREMENTS FOR EMPLOYERS:
Employers must have a valid rule that the employee violated, the employee must be aware of the rule, and dismissal must be a proportionate response.
EXAMPLES OF INAPPROPRIATE USE INCLUDE:
Making fun of coworkers.
Sharing confidential company information.
Complaining about any aspect of the work, colleagues, management or the workplace environment.
CYBERCRIMES ACT OF 2021:
CRIMINALISATION OF HARMFUL MESSAGES:
The Act criminalises messages that:
Incite violence or property damage.
Threaten individuals with violence or property damage.
Unlawfully contain intimate images.
CONSEQUENCES:
Violations can result in fines or imprisonment.
EXAMPLE:
A member of Operation Dudula was arrested and fined for circulating voice notes inciting violence against foreign nationals.
THE ROLE OF EMOJIS:
INTERPRETATION AND CONTEXT:
Emojis can have different meanings depending on context, generation, and culture.
LEGAL IMPLICATIONS:
Emojis can be used as evidence in disciplinary hearings and legal proceedings.
EXAMPLE:
A thumbs-up emoji in response to a contract could be interpreted as agreement.
READ RECEIPTS (BLUE TICKS):
PROOF OF READING:
Blue ticks indicate that a message has been read.
LEGAL USE:
Companies can use screenshots of blue ticks with timestamps as evidence in disputes.
KEY TAKEAWAYS:
Be mindful of what you share on WhatsApp, especially in a professional context.
Understand and adhere to workplace rules and the Cybercrimes Act.
Be aware that emojis and messages can be interpreted differently.
WhatsApp messages can have legal consequences, so exercise caution.
ADDITIONAL CONSIDERATIONS:
Familiarise yourself with your company's specific policies on using communication tools like WhatsApp.
Adjust your privacy settings on WhatsApp to control who can see your profile picture, status, and more.
Maintain a professional tone and demeanour in all workplace communications, including on WhatsApp.
The new law has drawn criticism from political parties and religious organisations, citing concerns over the vague and broad definition of hate speech. Given that any form of communication can be highly subjective, potentially taken out of context, and interpreted as hate speech, it is essential to remain mindful of these risks. By practising caution in your WhatsApp usage,
you can reduce the likelihood of facing legal or professional consequences.
Specialised Security Services invites the public to the Mike Bolhuis Daily Projects WhatsApp Channel.
This channel is important in delivering insights into the latest crime trends, awareness, warnings and the exposure of criminals.
How to Join the WhatsApp Channel:
1. Make sure you have the latest version of WhatsApp on your device.
2. Click on the link below to join the Mike Bolhuis Daily Projects WhatsApp Channel:
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4. Make sure you click on "Follow", then click on the "bell"-icon (🔔)
CONTACT MR MIKE BOLHUIS FOR SAFETY AND SECURITY MEASURES, PROTECTION, OR AN INVESTIGATION IF NEEDED.
ALL INFORMATION RECEIVED WILL BE TREATED IN THE STRICTEST CONFIDENTIALITY AND EVERY IDENTITY WILL BE PROTECTED.
Regards,
Mike Bolhuis
Specialist Investigators into
Serious Violent, Serious Economic Crimes & Serious Cybercrimes
PSIRA Reg. 1590364/421949
Mobile: +27 82 447 6116
E-mail: mike@mikebolhuis.co.za
Fax: 086 585 4924
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EXTREMELY IMPORTANT: All potential clients need to be aware that owing to the nature of our work as specialist investigators there are people who have been caught on the wrong side of the law - who are trying to discredit me - Mike Bolhuis and my organisation Specialised Security Services - to get themselves off the hook. This retaliation happens on social media and creates doubt about our integrity and ability. Doubt created on social media platforms is both unwarranted and untrue. We strongly recommend that you make up your minds concerning me and our organisation only after considering all the factual information - to the exclusion of hearsay and assumptions. Furthermore, you are welcome to address your concerns directly with me should you still be unsatisfied with your conclusions. While the internet provides a lot of valuable information, it is also a platform that distributes a lot of false information. The distribution of false information, fake news, slander and hate speech constitutes a crime that can be prosecuted by law. Your own research discretion and discernment are imperative when choosing what and what not to believe.
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