Media Statement : SAHRC makes Submission to Meta Oversight Board regarding Continued Display of Apartheid Flag

Attention: Editors and Reporters

Friday, 8 November 2024

In line with its constitutional duty to promote and protect human rights, the South African Human Rights Commission (SAHRC) has made a submission to the Meta Oversight Board (MOB), reiterating that South Africa’s courts have already pronounced on the issue of harmful symbols such as the apartheid-era flag. The Supreme Court of Appeal (SCA) decision in Afriforum NPC v Nelson Mandela Foundation Trust confirmed that the gratuitous display of the apartheid flag constitutes hate speech. This settled legal position sets a clear standard, and Meta, as well as other social media platforms, are expected to align its content moderation policies accordingly.

The SAHRC has made it clear that South African law, through the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), prohibits the dissemination of hate speech and harmful symbols. The Commission’s submission emphasizes that freedom of expression does not extend to speech that promotes racism or incites violence, as recognized in both South Africa’s Constitution and the SCA ruling. Social media platforms must therefore uphold its obligation to properly moderate content that violates these legal standards. The Commission is determined to ensure that harmful content, such as the apartheid flag, is not allowed to proliferate on Meta and other online platforms.

The Commission further reminds the public of the importance of responsible online behaviour and encourages all social media users to refer to the SAHRC’s Social Media Charter as a valuable tool to guide respectful and lawful interactions. The Charter provides clear guidelines on avoiding hate speech and discrimination in online spaces. Currently, the SAHRC is engaged in several court matters where individuals have violated the PEPUDA through harmful online conduct, underscoring the need for greater awareness and accountability in digital environments.

The SAHRC will continue to uphold its mandate to protect human dignity and equality, and it expects Meta to fulfill its role by enforcing the law and removing content that breaches settled jurisprudence.

The Commission’s full submission can be viewed here: https://www.sahrc.org.za/home/21/files/SAHRC%20META%20OB%20SUBMISSION%20FINAL.pdf

The Commission’s Social Media Charter can be viewed here: https://www.sahrc.org.za/home/21/files/SAHRC%20Social%20Media%20Charter%20FINAL.pdf

ENDS

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION

For queries, please contact Dr E Carter: 072 6389016; This email address is being protected from spambots. You need JavaScript enabled to view it. or Wisani Baloyi: 081 016 8308 or This email address is being protected from spambots. You need JavaScript enabled to view it.

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