https://mg.co.za/article/2018-04-03...an-woman-using-racist-slur-sets-new-precedent Not sure if this has been posted. About a month or so old. Just read the thread about the guy who got fined for being grossly offensive and thought I’d share this. So a woman was jailed for using a racial slur (those familiar with our history will know it’s probably the worst word you can use). First prosecution of its kind, iirc. Anyway, are there similar laws overseas - especially in the states where I can think directly of the “n” word? I mean, can you be jailed overseas for being grossly/directly racist? Thoughts?
I think you can be prosecuted here in the UK for racial slurs but I've not read about anyone going to jail. Usually a light sentence.
I have next to no knowledge of SA so I can't comment on whether it is a broken legal system or country but the legal system in trying this as “unlawfully and intentionally impairing the dignity or privacy of another.” Crimen Injuria seems to be working. They charged her, tried her and convicted her. Maybe it is the country then. It has had its troubles.
She’d probably have got off with a warning then But on topic, as far as “just words” go - that k word, if you understand our history, is as bad as it gets over here basically.
I don't think Boer is a derogatory term. Does saying 'Kill them' cause them a loss of dignity though? I'm unsure.
There are no laws against free speech in the states, in fact it is considered protected speech. A person who publicly used a similar term here would be socially and culturally ostracized within mainstream society though.
The countrys president singing songs about killing a specific group of people in his country isn't exactly fortunate.
A fine or community service. As I said further up... she would probably have got less time for kicking feck out of him.
Is this recent, current or past? I would wonder whether he and ANC members need to behave differently now.
ANC's 100 year jubileum in 2012. Several other prominent members of ANC have also done the same, and continues to do so.
Just found this with a quick gooooogle. https://www.theguardian.com/world/2012/nov/01/south-africa-spear-machine-gun Edit. appols.
They may well be upholding the law in this instance but there is no consistency in it. Race and corruption has a lot to do with that.
If someone can't talk without using a racial slur, then they should do everyone a favor and stop talking.
Fines and community service aren't a great deterrent. Never have been really. She might have got less time for beating him up, I'm not sure. You're just guessing. But even if you are right, that doesn't make it right, does it.
You missed my point really. I suppose it wasn't clear. The OP mentioned the guy that was arrested for making a joke, and my comment was about the way things are now escalating. I mean 3 years for a racial slur is fecking ridiculous. If things carry on the way they are, people will be worried about opening their mouths anymore.
I never said it was right. Why can't community service work? They could get her to work with the very people that she was abusing.
I'm not surprised that's a law or that it's so strictly enforced considering the colonial history of South Africa. You have to always put laws in context of culture.
I thought SA was meant to be all about Reconciliation, I'm not sure the sentence is harsh or whatever but perhaps they have abandoned reconciliation since but I tend to agree, prison isn't renowned for bringing about change but perhaps a job and home swap would do, or as you say comm. service for the victim.
Thanks Raoul. That’s what I thought, yes. I suppose we’re still too far behind being a developed society, for free speech to exist. If that makes sense.
It's only America that has legally enshrined free speech, the rest of world has varying degrees of protections for journalists etc. but not real protected free speech.
So if you, for example, said an equivalent word in Europe/UK as the lady convicted in our country - would there also be some sort of prosecution/punishment?
You seemed to disagree with the punishment for racism, and that's what I originally replied to. The stuff about getting less time for beating him up is irrelevant. Has community service worked? Education and deterrence are the best way to stop this.
Yeah, they have their own versions of the worst things you can say, usually Nazi stuff because of recent history, and varying degrees of punishment, though it's usually a fine/suspended sentences rather than actual prison time.
Maybe back when it was about navigating post-Apartheid without what would have been deserved bloodshed. I think the new generation is rejecting some portions of that kumbaya mindset.
I disagreed with the length of punishment. The part about less time is relevant because I am highlighting that I think the sentence is crazy. I know this is SA and the laws are different, but you only get a maximum of 6 months for aggravated assault in the UK.
I agree with some sort of actual punishment, but 3 years is too much for racial slur. It'll create a fear of expression, this time it's probably justified, but the next claim could be something in the gray area and the court would have a 3 years precedent. Tbh I'm amazed how people can be hurt with being verbally abused by someone they dont know (I've had my fair share of racist abuse), I'd personally just shrug them off and move on if it's only words.