17-06-2025
Incitement of violence online: How law deals with this while shielding free speech
While freedom of speech is a right, incitement of violence is a punishable offence, the South African Human Rights Commission (SAHRC) and legal expert Emma Sadleir have cautioned.
The warning follows threats on social media against foreign nationals ahead of Youth Day.
The SAHRC said it had alerted the national police commissioner's office about the threats and would monitor the culprits. It reserved the right to pursue charges under the Cybercrimes Act.
'While the commission does not dismiss genuine grievances about crime or service delivery, we remind the public that freedom of expression does not extend to speech that incites hatred or violence,' it said.
The commission encouraged people to report any alleged criminal or unlawful activity to police and other competent authorities rather than taking the law into their own hands, and to consult the SAHRC Social Media Charter for guidance on responsible online conduct.
It said it was encouraged by the Hawks confirming they would urgently look into this matter.