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South Africa attained democracy over 24 years ago. The changes in South Africa's Constitution allowed for protection for all citizens. Despite these freedoms and the promise of change, the country is plagued by violence, corruption and crime. These crimes affect the LGBTQ+ people of the South African population. These citizens have been protected by the Constitution; however, they continue to live their lives in a paradox, between protection and prejudice. LGBTQ+ people experience high levels of hate crimes which extend to violence, assault, bullying and cyberbullying. This chapter focuses on the legal protection and challenges experienced by South African LGBTQ+ people.

This paper aims to provide an overview of South African perspectives on preventing, monitoring and combating hate victimisation, towards informing international understandings.

Using a general review approach, this paper provides a historical examination of measures proposed by the South African Government and civil society since 1994, to prevent, monitor and combat hate crime, hate speech and intentional unfair discrimination.

Regardless of a constitutional commitment to social inclusion, diversity and minority rights, significant progress remains lacking after almost three decades of related advocacy, lobbying and limited government intervention. Findings of the South African Hate Crimes Working Group (HCWG) longitudinal Monitoring Project emphasise the need for decisive legal responses to hate victimisation.

A Bill, recognising hate crime and hate speech as distinct criminal offences, has been in development for almost 15 years and will soon serve before Parliament. Enactment of this legislation will be ground-breaking in Africa.

This paper contributes to the field of hate studies by providing an overview of the journey towards current conceptual understandings of hate in (South) Africa. It sets the stage for evaluating the potential of the redesigned HCWG monitoring tool, which holds promise for early identification and intervention in hate hotspots and targeted sectors. This instrument can establish trends not only in South Africa but also across the African continent.

The ideal of an open, all-inclusive, and participatory internet has been undermined by the rise of gender-based and misogynistic abuse on social media platforms. Limited progress has been made at supranational and national levels in addressing this issue, and where steps have been taken to combat online violence against women (OVAW), they are typically limited to legislative developments addressing image-based sexual abuse. As such, harms associated with image-based abuse have gained recognition in law while harms caused by text-based abuse (TBA) have not been conceptualized in an equivalent manner.

This chapter critically outlines the lack of judicial consideration given to online harms in British courts, identifying a range of harms arising from TBAs which currently are not recognized by the criminal justice system. We refer to non-traditional harms recognized in cases heard before the British courts, assessing these in light of traditionally recognized harms in established legal authorities. This chapter emphasizes the connection between the harms suffered and the recognition of impact on the victims, demonstrated through specific case studies. Through this assessment, this chapter advocates for greater recognition of online harms within the legal system – especially those which take the forms of misogynistic and/or gendered TBA.

This chapter is a transcript of an open-ended discussion that occurred between the authors when they met to discuss the subject matter of the third section of the book, which focuses on cultural and normative attitudes toward the problem of gender violence. As with the previous introductory dialogues, the discussion takes place after preliminary drafts have been completed and the authors share their thoughts on the subjects that they will each discuss in more detail in the following chapters. These include the culture of silence surrounding rape in India, the way masculine gender norms impact the treatment of women in Japan and the cultural factors that drive microaggressions targeted at LGBTQ+ people in South Africa.

The purpose of this paper is to highlight an urgent need for new and improved approaches to supporting hate crime victims and tackling hate crime perpetration in the light of escalating levels of hate crime and growing concerns over the effectiveness of existing interventions and support structures.

The paper draws from the authors’ own extensive fieldwork conducted with more than 2,000 victims of hate crime over a series of recent studies. The research was designed to uncover lived experiences of hate crime, to understand the physical and emotional harms suffered by victims and their families, and to identify ways of improving the quality of support offered to victims.

The findings illustrate that current responses to hate crime are hampered by a range of perceived challenges and barriers to justice which exacerbate the harms associated with hate crimes. This includes low levels of public awareness of relevant policies, laws and support services, a lack of meaningful engagement between professionals and marginalised communities and a failure to provide victim-centred criminal justice interventions.

This paper includes a number of recommendations in relation to how scholars, policy makers and professionals can overcome the failings that have been identified, which includes prioritising engagement with diverse communities, improving awareness of hate crime and generating a more comprehensive evidence base on hate crime perpetration.

These themes discussed within this paper are based upon the views and experiences of an extensive sample of hate crime victims, many of whom have never previously shared their stories with researchers, the police or any other support organisations.