Browsing PER: Potchefstroom Electronic Law Journal by Subject "Freedom of expression"
Now showing items 1-7 of 7
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A contextual analysis of the hate speech provisions of the equality act
(2015)The article presents a detailed contextual analysis of the categorical prohibition of hate speech in terms of section 10(1) of the Equality Act. It is argued that this provision is not primarily intended to describe and ... -
Cyberbullying: should schools choose between safety and privacy?
(2015)In this theoretical article, we explore the tangled messiness of the application of human rights versus the 21st-century monster called "cyberbullying" in schools and focus on some of the challenges schools face daily. The ... -
A duty perspective on the Hate Speech Prohibition in the Equality Act
(PER/PELJ, 2021)In November 2019 the Supreme Court of Appeal in Qwelane v South African Human Rights Commission ruled that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act) 4 of 2000, ... -
Hate speech and racial slurs in the South Afican context : where to start
(PER/PELJ, 2020)Protecting people against hate speech and racist slurs requires weighing up several fundamental rights. To maintain legitimacy in enforcing the legislative protection, a fine balance must be struck between the rights ... -
The right to freedom of expression: the mother of our democracy
(2015)This paper explores student-teachers' understanding of the right to freedom of expression in education. Analyses of case law and legal principles affirm that the right to freedom of expression is an essential prerequisite ... -
Stop the press: why censorship has made headline news (again)
(2006)The recent publication of proposed amendments to the Films and Publications Act 65 of 1996 drew some sharp criticism from the media. Some organisations described these amendments as, inter alia, unconstitutional, outrageous ... -
What about the child? Preventing the publication of children's name after the age of 18
(PER/PELJ, 2021)Children are afforded a number of different protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position they occupy in society. When children form part ...