Derogatory words such as ‘Kaffir’, ‘Hotnot’, Baboon, and “coolie’ will not be tolerated by employers in South Africa. They are considered hate speech in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act).
What is hate speech?
- Words that are based on one or more of the prohibited grounds referred to in the Act. Prohibited grounds include race, gender, ethnic or social origin and colour.
- Words that is objectively considered to be hurtful, harmful, that may incite harm or propagate hatred. The intention of the person who utters the words is irrelevant.
Why is the word “baboon” not tolerated?
From 1997 various courts, had said that the use of the word ‘baboon’ amounted to hate speech as defined in the Act. The court said that the word “baboon” has racial undertones and a derogatory meaning, and would be construed as such by a reasonable African person.
In one case, the court held that when the epithet “baboon” is attributed to a person, when he is severely criticised, the purpose is to indicate that he is base and of extremely low intelligence or not worthy of being described as a human being.
Prohibition of hate speech
According to the Act; no person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to:
* be hurtful;
* be harmful or to incite harm;
* promote or propagate hatred.
General Social Media Don’ts:
- DON’T provide confidential or other proprietary information. If there’s any question in your mind, err on the side of keeping silent.
- DON’T refer to your employer or fellow colleagues in a negative manner. Remember whatever you publish on social media becomes public immediately and will remain with you for your entire career.
- DON’T assume that posting anonymously will keep your identity secret, if you publish inappropriate comments and content.
- DON’T use ethnic slurs, personal insults, obscenity, or engage in any online conduct that would not be acceptable at work.
- DON’T just like someone’s comment. Read what is said and associate yourself with the words or photo before you like it or retweet it.
Social Media Do’s:
- DO make certain that your online profiles and related content are consistent with how you wish to present yourself to colleagues and your employer. Model good behaviour.
- DO take personal responsibility for the content that you publish on any public forum.
- DO be selective. You don’t have to accept every friend request that comes your way. It’s okay to restrict your Facebook friends list to people you know.
- DO practice positivity. If you like a post, like it. Got an encouraging word to say? Go ahead and comment. Post a story, video or picture that’s bound to make people smile. If you’re going to act impulsively on social media, let this be the way you do it.
