South Africa’s hate-speech law is now on the books, promising to tackle genuine threats to dignity but raising concern about freedom of expression. The Prevention and Combating of Hate Crimes and Hate Speech Act was signed by President Cyril Ramaphosa in May 2024, after years of public debate.

The law has not yet come into effect; it will only start once a commencement date is officially announced.

The Act makes it a criminal offence to intentionally communicate words that could reasonably be seen as intended to cause harm and to promote hatred against groups defined by characteristics like race, religion, gender, or sexual orientation. It provides for prison sentences of up to five years for those found guilty. There are important exceptions: fair reporting, artistic work, academic and scientific inquiry, and religious teaching are protected, as long as they do not cross the line into advocating actual harm.

Supporters say the law is needed to clamp down on real hate speech and ensure vulnerable groups are protected. But critics warn that its broad wording could sweep up satire, political argument, or even awkward jokes, creating a climate of self-censorship.

Douglas Murray, author of The Madness of Crowds, has warned that societies which empower the state to police language: “prioritise safety over reason and descend into irrationality and the suppression of dissent”. In his work, Murray documents how individuals in Western democracies have faced job loss, public shaming, or even police investigation not for inciting violence, but for making statements or jokes deemed offensive by current norms.

One example is a British comedian who was investigated by police after telling a joke, an episode Murray uses to show how laws meant to protect can easily be twisted into tools for moral policing. “We are,” he writes: “inviting the state to adjudicate not only on what we can say, but ultimately what we are permitted to think.”

South Africa’s Constitution protects both dignity and free expression. The true test of this law will be whether it targets real incitement and threats or whether it becomes a tool to silence controversial or unpopular views.