Edited by Jane Duncan

Published by the
Freedom of Expression Institute (FXI)
and the
Institute for Democracy in South Africa (IDASA)

In South Africa, controversies surrounding hate speech and pornography have assumed a high public profile since the birth of democracy in 1994. On the one hand, there are those who argue forcefully for maximum freedom of expression to establish a complete break with the crippling censorship of the past. They also argue that all attempts must be made to resist incremental encroachments on this newly-won right. On the other hand, there are those who argue with great passion that forms of expression that spread hatred, degrade and even incite to violence should be restricted to protect the rights of their victims. What are appropriate responses given the turbulent history of our country? Can we allow these forms of speech if certain groups of people are silenced, and even hurt by such speech? Can we afford to restrict them? These are critical questions for the new South Africa, and have become central to the debate on freedom of expression both in government and civil society in general.

This collection of essays originates from a conference on freedom of expression, hate speech and pornography held by the Freedom of Expression Institute in August 1995. In this book, internationally renowned writers and lawyers discuss how their own countries have approached these subjects, while South African contributors suggest responses in the light of the profound repression of the recent past. The Freedom of Expression Institute and the Institute for Democracy in South Africa believe that this book will help people to formulate their opinions on these issues, which have evoked great public interest.