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« Human Rights Activist Takes on Tutu | Main | South Africa Brown Noses Arab States at UN…Again »

December 11, 2007



Steve, can you explain a little how South African law will be affected as a result of this ruling? I'm not familiar enough with South African law or its constitution to know if this will affect other areas of speech there and I'm also wondering if the ruling can be used in a negative way.



Hi MK,
I don't know enough about law or the case to comment. Maybe Mike will know more.

I was under the impression that the argument was based on the premise of hate speech.

If so then it shouldn't have any ramifications because the constitution protects us from hate speech.

I susupect the favourable ruling had more to do with the Jewish conspiracy theories than the principle of Holocaust denial.


No it didnt change the law. the opposite in fact, it served to confirm that that particular part of the broacasting act was constitutional. As I read it Holocaust denial is now not allowed on radio or tv in sa.


"Radio 786 was further directed to publicize the ruling as well as its full judgment and sanction order through its news broadcasts, website and in-house newsletter and magazine."

Does anyone know when the judgment is going to be aired? Or where its going to be printed or posted? It would be interesting to hear/read.

I was under the impression that SA does not have a specific law against Holocaust denial (like in Germany) but rather a more general law against hate speech.


I just read the full Constitutional Court judgment. It seems that the Jewish board deputies is claiming more of a victory than it actually won. The judgment (and the Constitutional Court case itself) had nothing to do with hate speech or with Holocaust denial; it was a very technicist ruling regarding the powers of Icasa. Thus, no precedent has been set in respect of either holocaust denial or hate speech.


Thanks BlackSan,

Could you post a link to the judgement. (i know i could just search for it)...


Dear Steve

Take a look at the following web pages.

Media Summary:

Full Judgment: (in pdf)
or (in Microsoft Word)

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