Episode 36 - SO MUCH HATRED: CAN THE LAW HELP US?

There is a lot of hatred in South Africa. What does the law say about hate speech? Should all speech be allowed and 'the marketplace of ideas' be burdened with eliminating hate speech? Or should the courts be available for us to seek relief when we are the victims of hate speech? What does the constitution say by the way?

Would it help the fight against crimes motivated by hatred of someone's group identity if we have hate crimes as a special category of crimes on our statute books? Or is there a different way the law can punish crimes motivated by certain kinds of hatred without creating new crime categories?

What, beyond these legal questions, are the limitations of using the law to deal with hatred? Shouldn't we be using social, ethical and other responses and tools to address and eliminate hatred in society?

My guest for this fascinating, complex, and necessary conversation about hatred and the law is Advocate Ben Winks. 

Sit back. Enjoy. Reflect. Engage. And share the episode to spark many conversations.