Research ICT Africa comments on draft hate speech regulations in South Africa

Research ICT Africa (RIA) has submitted written comments on draft regulations issued under the Prevention and Combating of Hate Crimes and Hate Speech Act of 2023. The regulations, published by the Department of Justice and Constitutional Development, outline how hate crimes and hate speech cases will be reported, recorded, and monitored across South Africa’s criminal justice system.

The proposed framework introduces new data collection and reporting obligations for institutions including the South African Police Service, prosecutors, courts, and the Department of Justice. These measures are intended to standardise how hate-related offences are documented and tracked.

In its submission, RIA acknowledges the objectives of the Act but raises concerns about the readiness of institutions to implement the regulations effectively. The organisation highlights potential disparities in institutional capacity, which could affect consistent enforcement and reporting across different regions.

RIA also points to issues related to the collection and management of sensitive personal data, particularly information linked to identity characteristics such as race, religion, gender, or sexual orientation. According to the submission, clear safeguards and governance mechanisms will be necessary to ensure that such data is handled in compliance with constitutional and data protection standards.

Another concern raised relates to the interpretation of hate speech provisions. RIA notes the need for clearer guidance to ensure that enforcement remains aligned with constitutional protections for freedom of expression, dignity, and privacy. The organisation also cautions against the over-centralisation of hate crime data and suggests stronger oversight and participatory mechanisms involving independent institutions and civil society.

RIA’s submission concludes that refining the regulations to strengthen implementation capacity, data protection measures, and constitutional clarity will be important to ensure that efforts to address hate-motivated harm do not undermine fundamental rights.