Facebook hate speech can be prosecuted in SA

Those who generate, or allow hate speech to be posted on Facebook, can be prosecuted in SA, even though the servers are hosted outside the country, lawyers say.

A post calling for the killing of white people was posted recently on the Pan Africanist Congress (PAC) Facebook page. Group administrator Anwar Adams has refused to take the post down.

In turn, the post has resulted in numerous other posts on the page inciting various race groups to harm each other, and general incitement to violence.

Adams told ITWeb he takes personal responsibility for the decision not to take the posts down and that it is part of the process of healing. He added that – since he does not believe there are white or black people, just one human race – there cannot be any hate speech.

Lance Michalson, of Michalsons Attorneys, says there are two issues here. Namely, whether the statement constitutes hate speech; and, if yes, whether a South African court can try the matter given that the publication is made on the Internet on a Web site whose servers are not situated in SA.

“Regarding the first issue, I have assumed that the statement does in fact constitute 'hate speech' (the constitutional definition of hate speech is very tight in that the context of the publication and the words used must be extreme and actively incite harm). I think the statement fulfils these criteria,” he says.