YesuWangu wrote:Mpenzi wrote:wazo wrote:How you can be within any court's jurisdiction for the kind of charges I heard read out to them & continue sitting in public office in these democratic times is entirely beyond me.
The ICC six should,in demonstration of their democratic ideals,"vigorously comply" to public expectation & resign.Its the decent thing to do.
Hate speech,for he that asked,is when you say & do things to inflame your audience against other sections of the populace.Impunity is when you publicly do what is ordinarily wrong,offensive & even illegal because you intend to get away with it when you otherwise couldn't.
Stop using your pedestrian understanding of hate speech. Go to the
Consitution and find out how wrong you are!
And stop waddling around yourself. Counter his argument with fact. Copy and paste if you must from this
Consitution and show him and us how wrong he is.
His understanding of hate speech to me is reasonable.
Masukuma, yes, hate speech tends to piss off more often than not. It pisses off the audience to the extent of 'doing something' about those that piss them off. Quite silly, isnt it?
@YesuWangu, Stop being lazy and learn to read for yourself the Constitution read together with the National Cohesion and Integration Act.
Section 13 of the National Cohesion and Integration Act:
Section 13: Hate Speech
13. (1) A person who-
(a) uses threatening, abusive or insulting words or behaviour, or displays any written material;
(b) publishes or distributes written material;
(c) presents or directs the performance the public performance of a play;
(d) distributes, shows or plays, a recording of visual images; or
(e) provides, produces or directs a programme;
which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behaviour
commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up.(2) Any person who commits an offence under this section shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both.
(3) In this section, “ethnic hatred” means hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins.
Please note the definitive words in red. For speech to be deemed 'hate speech' you have to prove that the speech maker "intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up." And see the definition of 'ethnic hatred". Hate speech is not simply about inflaming "your audience against
other sections of the populace". It must be aimed at stirring ethnic hatred - hatred against a group of persons defined by reference to colour, race, ethnic origins etc. Abuses, however despicable, are therefore not
necessarily "hate speech".
See also Article 33 of the Constitution:
Freedom of expression
33. (1) Every person has the right to freedom of expression, which includes—
(a) freedom to seek, receive or impart information or ideas;
(b) freedom of artistic creativity; and
(c) academic freedom and freedom of scientific research.
(2) The right to freedom of expression does not extend to—
(a) propaganda for war;
(b) incitement to violence;
(c) hate speech; or
(d) advocacy of hatred that—
(i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or
(ii) is based on any ground of discrimination
specified or contemplated in Article 27 (4).