Free SA urges opposition to draft hate speech regulations, warns of threats to privacy and free expression

In a media statement, The Foundation for Rights of Expression and Equality (Free SA) has launched a national campaign calling on South Africans to speak out against the draft regulations under the Prevention and Combating of Hate Crimes and Hate Speech Act, 2023.

The Department of Justice and Constitutional Development is currently accepting public comment on the proposed regulations, but Free SA warns that these regulations represent a dangerous overreach that could undermine fundamental rights.

“While we fully support efforts to tackle genuine hate crimes, these draft regulations go far beyond their stated purpose,” said Paul Maritz, Director of Free SA. “They risk criminalising legitimate expression, burdening the justice system, and enabling government surveillance on a scale that threatens every South African’s right to privacy.”

Among the organisation’s core concerns are:

• Invasive Data Collection: The regulations propose permanent databases linking SAPS, prosecutors, and courts, allowing for large-scale monitoring with inadequate privacy safeguards.
• Excessive Bureaucratic Burden: Police and prosecutors would be required to compile frequent reports, adding pressure to an already overstretched justice system without improving justice outcomes.
• Vague Definitions: The Act’s definitions of hate speech and hate crimes are already broad, and the regulations do nothing to narrow their scope, opening the door for selective enforcement or abuse.

Free SA warns that the broad language and weak safeguards could be weaponised against journalists, artists, academics, and ordinary citizens who express controversial or unpopular opinions.

“What South Africa needs is robust protection of free speech, not sweeping state surveillance in the name of social harmony,” Maritz continued. “We must remember that the Constitution protects not only popular views, but also those that challenge the status quo. These regulations risk silencing dissent in the name of order.”

Free SA is calling for:

• Stronger privacy protections
• Clearer, narrower definitions of hate speech
• Independent oversight over data collection and storage
• Inclusive public consultation before any regulations are finalised

South Africans are urged to submit their comments before the deadline of 28 January 2026. Public participation is not a formality, it is a constitutional right.

“This is our chance to prevent a bad law from becoming a dangerous precedent,” concluded Maritz. “We will not stand by while government expands its powers under the guise of protecting society. South Africans must speak now - or risk being silenced later.”