SECTOR 1 Section 36 (1) of the Constitution stipulates that [T]he rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom … In line with this provision the Promotion of Equality and Prevention of Unfair Discrimination Act 2000 codifies “advocacy of hatred” in more detail. Its section 10 (1) says: Subject to the proviso in section 12, no person may publish, propagate, advocate or communicate words based on one ore more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention toa) be hurtful; b) be harmful to or incite harm; c) promote or propagate hatred. “Prohibited grounds” are defined by the act as “race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth”. The ‘proviso in section 12’ referred to here says that “bona fide engagement in artistic creativity, academic and scientific inquiry, fair and accurate reporting in the public interest or publication of any information, advertisement or notice in accordance with section 16 of the Constitution [which guarantees freedom of expression], is not precluded by this section”. A much publicised case under these provisions was brought against the President of the Youth League of the African National Congress, Julius Malema, regarding his comments about rape survivors in January 2009. In March 2010 the Equality Court set up by the Promotion of Equality Act found him guilty of hate speech. Malema had suggested in a public address that a woman who accused ANC president Jacob Zuma of rape had had a “nice time” with him: “when a woman didn’t enjoy it, she leaves early in the morning. Those who had a nice time will wait until the sun comes out, request breakfast and ask for taxi money.” He was ordered to make a public apology and to pay R 50 000 (US$ 6700) to a centre for abused women. His lawyers have announced their intention to appeal the verdict. In another case the South African Human Rights Commission ruled on a 2008 cartoon by Jonathan Shapiro - aka Zapiro - that showed “Lady Justice” about to be raped by Jacob Zuma, with the help of his political allies. The Commission found that the cartoon expressed “free, open, robust and even unrestrained criticism of politicians by a journalist” and had stimulated “valuable political debate”. It said AFRICAN MEDIA BAROMETER SOUTH AFRICA 2010 11