This Note analyses those provisions from the perspective of international law, and especially the guarantee of the right to freedom of expression. [...] The latter are not only undefined but also prohibiting speech which offends against them runs directly contrary to the whole idea of freedom of expression, which specifically protects the right to offend others, as the European Court of Human Rights made clear in one of its first cases on freedom of expression: [F]reedom of expression … is applicable not only to “information” or “ideas” that are f. [...] Such are the demands of pluralism, tolerance and broadmindedness without which there is no “democratic society”.4 Stirring up racial hatred Section 5(b) of the Act replaces section 282 of the Criminal Code with a rule establishing the following as an offence: Any person who, with intent to stir up contempt or hatred against any section or part of any section of the public distinguished by race, ca. [...] While this is arguably a similar sort of emotion, it would be preferable to remain within the strict parameters of international law given the sensitivity of these sorts of restrictions on freedom of expression. [...] Recommendations: ➢ The reference to insulting a judge, usher or officer of the Supreme Court in the new section 18D of the Courts Act should be removed.
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