South Africa – Private WhatsApp messages containing racist slurs could have serious legal consequences after the Supreme Court of Appeal (SCA) upheld a hate speech finding against a businessman over racist remarks sent to a business associate.
According to MyBroadband, the court dismissed Willem Hendrik Ackerman’s appeal, ruling that the private nature of the messages did not shield him from liability for hate speech and harassment.
The ruling, delivered on 7 October, confirmed that racist communication does not have to be shared publicly to fall within the scope of hate speech laws.
Speaking to CapeTalk, legal expert Michaela Hull said: “The court said that the communication element here for hate speech is not limited to public communication; it can include private communication.”
Hate speech
TimesLIVE reported that the SCA upheld an Equality Court order requiring Ackerman to pay R500,000 to the Ahmed Kathrada Foundation, apologise publicly to the affected parties and complete 50 hours of racial sensitisation training.
The judgment also rejected the argument that the remarks could not constitute hate speech because they were made to another white person.
Hull told CapeTalk that using the racial slur in such circumstances also amounted to harassment, explaining: “You’re assuming that this white person you’re speaking to is going to acquiesce with your views, your racist views, which amounts to harassment of that person.”
The case highlights the potential legal consequences of racist content shared through private digital communications. Under South African law, electronic messages may be admitted as evidence in legal proceedings, provided applicable evidentiary requirements are met.
The SCA ruling reinforces that WhatsApp conversations are not automatically exempt from legal scrutiny simply because they are private.
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Compiled by Betha Madhomu
