By SIMONE SULCAS
Freedom of speech is a complicated topic. My experience as a lawyer and as Chair of the Cape SAJBD has showed me its importance in speaking truth to power and defending our Jewish heritage; it is meant to empower the vulnerable and safeguard dignity. Yet, in an era of rising tensions, free speech is often weaponised to target the oppressed and unleash hatred. A sharper double-edged sword is hard to find.
Consider the horrific Bondi terrorist attack in Sydney last year. Lone assailants, radicalised by unchecked online rhetoric, targeted innocent Jews. It is a case study into how inflammatory speech on social media, and poorly veiled antisemitism in the guise of political critique, can metastasise into deadly violence. Subsequent investigations, reluctantly undertaken so as not to offend a significant voting bloc, showed how social media posts normalised dehumanising language against Jews, eroding societal safeguards until words become weapons. This tragedy drives home a stark truth: free speech without boundaries can morph into hate speech, which paves the way for atrocities.
Here in Cape Town, amid our diverse communities and historical scars, we must vigilantly monitor rhetoric’s compliance with South African law. Our Constitution’s Section 16 protects free expression but excludes “propaganda for war” and “incitement of imminent violence”. The Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) prohibits hate speech that impairs human dignity, while the Cybercrimes Act targets online harassment and cyberbullying. Social media platforms amplify voices, but they also spread poison – boycotts disguised as justice, conspiracy theories as debate. This demands careful management: report hate, educate on these legal red lines, and nurture dialogue that builds, as opposed to burns, bridges.
However, to blunt this sword’s blade entirely would be to betray its most consequential purpose. Free speech is the lifeblood of righteous protest, as seen in Iran. As we speak, brave men and women are risking their lives to defy and topple a murderous and thuggish theocratic regime whose only purpose is to extract and oppress. They chant “Women, Life, Freedom” against the clerical tyranny, knowing that it might lead to their deaths. Thousands of protestors have lost their lives, but so dire are their circumstances and so strong their stand that they march on. Their once-silenced voices now pierce global consciousness, inspiring solidarity from Tehran to Table Mountain. For Jews, who have experienced and protested prejudice, pogroms, and ethnic cleansing, this resonates deeply – our Pesach story is one of crying out from enslavement, and our history is a testament to standing tall when others would have us brought low. Suppressing such speech anywhere invites tyranny everywhere.
The Board’s challenge is to wield this sword wisely: condemn hate speech that incites harm, while amplifying righteous and needed protest. Let us monitor our rhetoric with vigilance, educate our youth on the line between critique and vilification, and stand in solidarity with genuine global freedom fighters. Only then will free speech not divide us – only then will it unite us.
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