An empirical study of the early cases in the pilot equality courts established in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Botha, Louis; Kok, Anton

doi:10.17159/1996-2096/2019/v19n1a15

Afr. hum. rights law j.

2019

DOI: 10.17159/1996-2096/2019/v19n1a15

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An empirical study of the early cases in the pilot equality courts established in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Louis Botha¹,

Anton Kok

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2021

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“…1-4).2 South Africa, to make right to equality more accessible, has created special courts, called Equality Courts, designed to be accessible to all South Africans. These courts hear cases relating to unfair discrimination, harassment, and hate speech(Botha & Kok, 2019).…”

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Hate Speech against Dalits on Social Media: Would a Penny Sparrow be Prosecuted in India for Online Hate Speech?

Sajlan¹

2021

J-CASTE

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This article analyzes the Indian hate speech law from the perspective of social media. Recent research shows extensive use of caste-based hate speech on Facebook, including derogatory references to caste-based occupations such as manual scavenging. This article attempts to examine whether the Scheduled castes / Scheduled Tribes (SC / ST) Prevention of Atrocities Act is equipped to deal with online hate speech against Dalits. The jurisprudence around the applicability of Atrocities Act to caste-based hate speech has been analyzed. After the said analysis, the applicability of ‘International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)’ to caste- based discrimination has been studied. Thereafter, the standard of proof for prosecuting hate speech under Indian domestic law has been compared with ICERD to analyze whether Indian domestic law is in compliance with international standards. The article further analyzes whether caste-based hate speech ought to be regulated only when there is incitement to violence or hatred, or it can also be regulated when it violates the right to dignity of Dalits. At the same time, the article also briefly examines whether such prosecution would be in violation of global free-speech standards.

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confidence: 99%

Hate Speech against Dalits on Social Media: Would a Penny Sparrow be Prosecuted in India for Online Hate Speech?

Sajlan¹

2021

J-CASTE

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An empirical study of the early cases in the pilot equality courts established in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Cited by 1 publication

References 0 publications

Hate Speech against Dalits on Social Media: Would a Penny Sparrow be Prosecuted in India for Online Hate Speech?

Hate Speech against Dalits on Social Media: Would a Penny Sparrow be Prosecuted in India for Online Hate Speech?

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