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LET racists, homophobes, sexists and assorted bigots have their say, subject to existing laws against incitement to violence, says Terry Bell in his latest Labour Wrap that celebrates the 20th anniversary of the South African constitution.
And, when they expose themselves, let the bigots be confronted, named, shamed and if necessary, shunned.
Because, says Bell, history has shown - and the constitution agrees - that it is impossible to legislate against thought and opinion. Punitive laws intimidate the public at large, encourage self-censorship and drive obnoxious notions underground where they can fester and multiply in secret.
Our “justly lauded” constitution, he points out, guarantees the right to freedom of conscience, religion, thought, belief and opinion. But this does not extend to propaganda for war, incitement to violence and “advocacy of hatred” that “constitutes incitement to cause harm”.
Strike breaking workers would undoubtedly be offended to be called - as they invariably are - “scabs”. And miserly bosses may well be offended when referred to as “capitalist pigs”.
If such terms - and many others - are to be deemed to wilfully injure the dignity of someone they are directed at, this could amount to crimen injuria and may result in a penalty. However, says Bell, those using such robust language seldom resort to the courts; negotiation usually does the trick.
He raises this issue in the light of the Hate Speech Bill that is now being proposed and that makes allowance for prison terms for very broadly defined hate speech. He maintains that the bill is probably unconstitutional, and thinks it unnecessary.
He points out that it is not only journalists, but people across the board who will be affected. “If a union official following a fatal mining accident refers to mine management as 'killers', would this be hate speech?” he asks.
He feels it should be in the interests of trade unions and all committed to democracy to resist any moves towards censorship since “while words can sometimes be hurtful”, censorship is a greater danger, especially to those with minimal resources who sell their labour in order to survive.
