The first bill was the Hate Crimes and Hate Speech Prevention and Combating Act. The Bill aimed to combat the rising number of hate crimes and hate speech in the country, as well as the rising number of occurrences inspired by biases, as well as to aid victims of hate crimes and hate speech. The Bill established hate crimes and hate speech offenses, as well as measures to prevent and resist them. It was closely related to a number of major priorities in the National Development Plan, particularly the necessity for ongoing campaigns against racism, sexism, homophobia, and xenophobia.
Only the High Court and regional courts, which have more experienced officials, would be allowed to deal with hate crimes and hate speech adjudication. The Bill established hate crimes and hate speech as new offenses. A hate crime was committed when a person committed any recognized criminal under any law, known colloquially as the “base crime or offence,” and that offence was motivated by prejudice or intolerance. A hate crime would be regarded an aggravating factor in a crime. Hate speech was committed when a person willfully published, supported something, or conveyed a clear desire to be hurtful, cause harm, or hatred based on a wide variety of extremely specific criteria, such as age, color, culture, disability, race, religion, or sex. There were exceptions to the hate speech offense, such as journalistic freedom, creative creation, and scholarly labor. There was however an exemption for genuine proselytising or advocating of any religious belief, teaching, or system. Hate speech was also applicable in cyberspace, which included social media.
In terms of punishment, a hate crime had to be regarded an aggravating condition when the base offense was sentenced. Hate speech was punishable by a fine or imprisonment of up to three years for the first offense and up to five years for the second and subsequent offenses. The Bill included no mention of restorative justice measures.
