JOHANNESBURG - The South African Human Rights Commission says the judgement in the case against Jon Qwelane highlights the tendency for people to hide hate speech behind freedom of speech.

The commission says the fear of hate speech is a daily reality for those living within the LGBTI community.

It says the racist comments by Penny Sparrow earlier this year are similar in nature to the comments made by Qwelane on gay marriages.

The High Court in Johannesburg ruled Qwelane’s comments made in a published article in 2008 titled “Call Me Names, But Gay Is Not Ok” are found to incite violence in the LGBTI community.

He has been ordered to write an apology which must get the same reach as his initial comments.

The commission says the courts have said before in previous cases that freedom of speech must be balanced with the right to dignity.

The commission's Chief Executive Officer Tseliso Thipanyane says this also applies to journalists.

“In the field of exercising freedom of expression, to be able to be allowed to insult whoever just because they are a journalist.”

The commission has highlighted that the judgement against Qwelane also addresses arguments around the Equality Act, which does limit the right to freedom of expression but only in a way that satisfies the Constitution.

Source: EWN