Hundreds sign petition against proposed hate speech rules

FREE SA, the Foundation for the Rights of Expression and Equality, has raised serious concerns over draft regulations under the Prevention and Combating of Hate Crimes and Hate Speech Act, 2023, stating that the proposed implementation framework could undermine key constitutional values.

In a formal submission to the Department of Justice and Constitutional Development, the organisation warned that the draft rules risk systemic abuse, surveillance, and censorship, citing excessive data collection, vague identity profiling requirements, and a lack of public transparency.

More than 400 citizens have backed Free SA’s stance, signing a petition urging the government to halt regulatory overreach and address the framework’s shortcomings.

The foundation’s submission points to draft forms that request detailed personal information from both alleged victims and offenders, including religion, sexual orientation, political beliefs, and HIV status — even at the complaint stage, before any legal finding has been made.

“These regulations could enable a centralised identity-linked crime database without sufficient legal safeguards,” said Paul Maritz, Director of Free SA. “This is not only a breach of privacy; it creates a dangerous system ripe for profiling, discrimination, and potential abuse of power.”

Free SA also highlighted the lack of clear legal thresholds distinguishing hate speech from constitutionally protected expression, and the absence of provisions for public access to anonymised reporting data. “History has taught us that silencing dissenters is often favoured by governments, even modern democracies. Citizens must be vigilant against wording that could be used to curtail free expression,” Maritz added.

While the organisation supports constitutional protections for vulnerable communities, it argues the draft regulations, as currently written, risk causing more harm than benefit.

Key reforms proposed by Free SA include:

• Removing sensitive identity data fields from police forms at the complaint stage.

• Ensuring strict compliance with POPIA and written consent protocols for sensitive data.

• Providing clear legal guidance to prevent premature classification of speech as criminal.

• Publicly releasing anonymised data for democratic oversight.

• Limiting identity profiling to post-conviction stages to safeguard due process.

Free SA called on the Department of Justice to revise the regulations in line with constitutional safeguards and international best practice, urging South Africans to stay engaged.

“This is not just a legal debate,” Maritz said. “It is a fight for the future of free speech, privacy, and fair governance in our democracy. We invite all South Africans to stand with us by signing the petition.”