OWN CORRESPONDENT
The Board was one of some 20 organisations that made oral submissions to the Portfolio Committee on Communications, together with the SABC, e.tv, Right2Know, Internet Service Providers’ Association, SA National Editors’ Forum and National Association of Broadcasters.
SAJBD National Director Wendy Kahn stressed that South African law in terms of how it deals with balancing the right to freedom of expression with laws outlawing incitement to hatred, has to be informed by the country’s own historical experiences of racism and racially-motivated oppression and violence.
In this regard, she cited recent comments made by German Justice Minister Heiko Maas, who said that Germany, because of its Nazi past, has zero tolerance for racist and hate posts and expects Facebook to abide by stricter German laws banning racist sentiment, even if it is allowed in other countries.
“We in South Africa, with our apartheid past, should be equally vigilant against hate and should hold social media companies and electronic media to our standards” she said.
Kahn described how individuals are able to get away with making racist and threatening comments on social media through assuming false identities, including fraudulently posting in the name of other people or organisations.
Only the relevant online media services provider is able to release the correct ID information on those responsible, but it will only do so once it received an official request from law enforcement in the country concerned. Unfortunately, Kahn said, local law enforcement officials often do not have the expertise, or will, to obtain the necessary information.
“The result is that individuals, by concealing their identity, can propagate hate, incitement and threats with impunity,” she said.
To illustrate how difficult, if not impossible, it is to obtain the necessary assistance from government departments, Kahn presented a case study concerning a threatening message against the Jewish community that was posted on the SAJBD Facebook page in August 2014.
The message inter alia stated: “We will ambush you in your homes and rape you and drive you into the sea… WE ARE COMING AFTER YOU.” Several Jewish leaders were identified by name in the post, which it transpired had been sent under a fictitious name.
The Board embarked on a lengthy process aimed at getting the correct information released, in the course of which it laid a criminal charge at the Sandringham police station and engaged with the Hawks, Department of Justice, Interpol and State Security. To date, however, it has been unable to make headway.
Among the recommendations made by the SAJBD are that the Film and Publication Board Council and Appeal Tribunal be broadened to include at least one member of the SA Police Services who would be responsible for obtaining investigative documents.
The Tribunal should also include individuals with expertise in IT and electronic communications, Internet service providers, legal academics and human rights activists with a background in fighting racism and prejudice. Different government departments (Communications, Justice and Law enforcement) should also be included in the consultation and composition of the tribunal.
Kahn further identified the need for existing hate speech definitions as they appear in the SA Constitution and supporting legislation to be relooked at and if necessary adapted to the specific features and requirements of electronic media.
In this regard, she referred to the working definition used by the Anti-Defamation League, which described cyberhate as being “Internet or other digitally transmitted content attacking people based on their actual or perceived race, age, ethnicity, national origin, religion, sex, gender, sexual orientation, veteran status, disability or disease.”
Included under this are attempts to intimidate or promote violence or prejudice against people on the basis of such core characteristics.
