South Africa the Model? A comparative Analysis of Hate Speech Jurisprudence of South Africa and The European Court of Human Rights

South Africa the Model? – A Comparative Analysis of Hate Speech Jurisprudence of South Africa and The European Court of Human Rights

Abstract

We compare the handling of hate speech by the European Court of Human Rights and the highest courts of South Africa: The latter, it turns out, adopts a more robust and well-articulated approach to the issues of hate speech than the former, falling more in line with the thresholds set out by documents such as the UN’s Rabat Plan of Action. We argue that South Africa can be a good template for other countries, organizations, and social media platforms seeking a human-rights-based approach to handling hate speech.

Presented at Reasons The Volokh Conspiracy

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