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FXI Work
The Freedom of Expression Institute works in the following programme areas: Freedom of Expression Anti-Censorship Access to Information Access to Media and ICTs To this end, the FXI engages in a wide range of activities that advance the righ...


Law Clinic
Through the Law Clinic, the FXI has provided easily accessible legal advice on freedom of expression, including artistic freedom, academic freedom, freedom of the media and the rights of people to gather and protest. The FXI Law Clinic has built the ...


Anti-Censorship
"Freedom of expression is never won; it is always a partial victory because there is always someone somewhere trying to censor, prevent information and maintain power." - Raymond Louw (January 1994).


Projects

Hate Speech
Section 16(2) states that the right to freedom of expression does not extend to -  (a) propaganda for war; (b) incitement of imminent violence; or (c) advocacy of hatred that is based on race, ethnicity, gender or religiion, and that constitu...


Freedom to receive or impart information or ideas
The right to freedom of expression includes the freedom to receive or impart information or ideas as per section 16 (1)(b) of the Constitution. 


News

Copyright Amendment Bill - comments due Friday 30 June 2017!
Parliament has released the 2017 Copyright Amendment Bill for public comment.  The Global Expert Network on Copyright User Rights –  has partnered with the Freedom of Expression Institute (FXI) in South Africa to facilitate stake...


Free Speech v Hate Speech
FXI SouthAfrica debating hate speech bill with Deputy Minister of Justice on SABC's Rights and Recourse.   


FXI interview on Power FM defending free speech
https://soundcloud.com/powerfm987/thusi-fokane_opinion_zillefying-free-speech-in-south-africa


Interview with Tusi Fokane, Executive Director of Freedom of Expression Institute on Hate speech
http://bigthink.com/scotty-hendricks/free-to-hate-free-speech-and-racism-in-south-africa


Free expression or hate speech, and what it means for the Jon Qwelanes
https://mg.co.za/article/2016-08-26-00-free-expression-or-hate-speech-and-what-it-means-for-the-jon-qwelanes


FXI reaction on Jon Qwelane Hate Speech Judgment
http://www.702.co.za/articles/268977/court-finds-jon-qwelane-guilty-of-hate-speech


Interview on the bill that aims to criminalize racism and hate speech - Sheniece Linderboom, Head of the FXI Law Clinic on Freedom of Expression
http://www.iol.co.za/capetimes/bill-aims-to-criminalise-racism-hate-speech-1969415


Sheniece Linderboom, Head of the FXI Law Clinic on freedom of speech
http://www.capetalk.co.za/articles/10729/what-does-the-constitution-say-about-freedom-of-speech-are-there-limitations


Tusi Fokane, Executive Director of FXI on Hate speech
http://bhsinsight.com/3629/uncategorized/hate-speech-or-free-speech/


Rights and Recourse - Racism - Sheniece Linderboom, Head of FXI Law Clinic
In a speech made at a function of the Jewish Board of Deputies in 2013 then Minister of Justice and Constitutional Development Jeff Radebe prefaced this problem by saying the following and I quote. 'Although as a country, South Africa has made enormo...


Resources

Afriforum and Julius Malema
Julius Malema, who at the time was the President of the African National Congress Youth League, led the singing/chanting of a former ANC "struggle song" entitled "Dubul'ibhunu" at various public events. Though there was some controversy as to the son...


Hate Speech and Freedom of Expression in South Africa


Le Roux and Dey
This case concerns a sexually suggestive image created by one of the applicants and distributed by the others. The image involves two male bodybuilders sitting in a sexually explicit manner with the likenesses of the respondent, Dr. Dey (vice princip...


Media 24 and SA Taxi Securitisation (PTY) LTD
Media 24 published an article sharply criticizing the conduct of SA Taxi Securitisation (Pty) Ltd. and accusing it of, inter alia, "cheating taxi operators." SA Taxi thereafter brought suit against the news source and its editors for (1) general dama...


Smit and 94.7 Highveld Stereo [2010] JOL 26581 (BCCSA)
The broadcaster was accused of perpetuating indirect hate speech by broadcasting a song using the word "moffie." Complainant lodged a suit against 94.7 Highveld Stereo before the Broadcasting Complaints Commission, claiming that it contravened sectio...


SOUTH AFRICAN HUMAN RIGHTS COMMISSION AND JON DABULA QWELANE, CASE NUMBER: 44/2009 EQ JHB
The Qwelane hate speech case is underway in the Johannesburg South Gauteng High Court wherein the respondents of the initial case have made an application to the high court challenging the constitutionality of Section 10 of the Equality Act, on which...


The Citizen and McBride
The Citizen 1978 (Pty) Ltd. v. McBride (CCT 23/10) [2011] ZACC 11 (8 Apr. 2011) The Citizen newspaper printed a number of articles, dubbing Robert McBride (the respondent) a "murderer" and "criminal" for his role in the bombing of civilian locales a...


Press Releases

December 13 2016
HATE SPEECH BILL
Open/View PDF (2016-HateCrimes-HateSpeechBill.pdf)


March 04 2016
The Freedom of Expression Institute strongly condemns the blanket ban from liking , re-tweeting and sharing of hate speech of staff , students and those affiliated with the University of Pretoria.
Open/View PDF (FXI-CONDEMNS-UNIVERSITY-OF-PRETORIA-SOCIAL-MEDIA-BAN.pdf)


June 06 2017
FXI's position on Helen Zille's right to freedom of expression.
Open/View PDF (Zillefying-free-speech-in-South-Africa-6-June-2017.pdf)


June 30 2017
Free speech under threat in South Africa
Open/View PDF (Free-speech-under-threat-in-South-Africa-30June2017.pdf)


September 06 2017
SCORING AN OWN GOAL AGAINST FREE SPEECH - Opinion
Open/View PDF (Scoring-an-own-goal-against-free-speech-01July2017.pdf)