For many people social media has provided a safe space to voice their opinions without the fear of being judged or ridiculed. It has allowed people to exercise their right to freedom of expression on a public platform amongst like-minded people. Although, many people may attest to the positive impact that social media has had on their lives; there are also others who might have fallen victim to some of the negative effects of social media such as cyber bullying, cyber harassment, hate speech etc.
It is for this reason why legislation such as the Protection of Personal Information Act 4 of 2013, the Cybercrimes Act 19 of 2020, the Promotion of Equality and the Prevention of Unfair Discrimination Act 4 of 2000 and the Protection from Harassment Act 17 of 2011 have become important in regulating those parts of social media which might be harmful to society.
Freedom Of Expression Versus Hate Speech.
In our constitutional democracy, the right to freedom of expression is provided for in terms of s16 of the Constitution of the Republic South Africa Act of 108 1996 ("the Constitution") and is celebrated as it provides our citizens the liberty to express themselves without the fear of censorship or sanction. However, while freedom of expression is a recognized right in our constitution, there are certain limitations to what can be perceived as genuine expressions of one's opinions and those communications which constitute hate speech (s36 of the Constitution).
The limitations to...
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