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Free Speech, Hate Speech, and the Inconsistency of Our Courts
Manage episode 425888846 series 3581052
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Bronwyn Williams & Mark Oppenheimer | The Small Print
In this episode, Bronwyn speaks with advocate Mark Oppenheimer about South Africa’s hate speech legislation and several notable cases: Jon Qwelane, Penny Sparrow, Vicki Momberg, Afriforum versus Julius Malema, and the controversy surrounding the old South African flag. They explore the definition of hate speech under South African law, the apparent leniency of South African courts towards political leaders, the motivations behind some Constitutional Court judgments, blasphemy laws, the distinction between hate speech and hurtful speech, and how the law can — and has been — exploited to suppress free speech and punish political enemies.
Bronwyn Williams is a futurist, economist, trend analyst and host of The Small Print. Her day job as a partner at Flux Trends involves helping business leaders to use foresight to design the future they want to live and work in. You may have seen her talking about Transhumanism or Tikok on Carte Blanche, or heard her talking about trends on 702 or CNBC Africa where she is a regular expert commentator. When she's not talking to brands and businesses about the future, you will probably find her curled up somewhere with a (preferably paperback) book. She tweets at @bronwynwilliams.
Mark Oppenheimer is a practicing advocate and member of the Johannesburg Bar. He has appeared in the Supreme Court of Appeal and the Constitutional Court in a series of cases that seek to determine the boundary between freedom of expression and genuine hate speech. Mark has authored submissions to Parliament on the Hate Speech Bill and to the UN Committee for the Elimination of Racial Discrimination on escalating racial tensions. He has also presented an oral submission to parliament on expropriation without compensation. Mark is also the host of the popular philosophy series Brain in a Vat and the co-author of the Conversations about Philosophy Book Series.
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