According to City Press, a comment can only be hate speech if it causes harm as well as incites violence, the court ruled. This could have far-reaching consequences on cases that were ruled on prior to Friday, where a court found an individual guilty of hate speech, but they had not directly incited violence.
The order will have to be confirmed by the Constitutional Court before the act can be amended, CapeTalk reported.
He ordered that in the interim, PEPUDA would read: “No person may advocate hatred that is based on race, ethnicity, gender, religion or sexual orientation that constitutes incitement to cause harm.”