There is a thin line between hate speech and freedom of speec

There is a thin line between hate speech and freedom of speech

By MUSYOKA NGUI

Article 33 of Chapter four of the new constitution 2010 does provide elaborate freedoms enshrined in its universal bill of rights. Among them is the freedom of expression. One of its limitations is not to use one’s right to express themselves to incite violence or defame others.

While before the law everyone is ideally equal, politicians have stretched the freedom of expression beyond limits. The essence of democracy is tolerating divergent opinions. After all, diversity is a mix of differences exercised by civilized citizens.

But when politicians both in government and opposition resort to divisive politicking Kenyans of goodwill should raise the red flag. Some have been caught on camera uttering dishonorable and awkward statements for which they have either been forced to apologize insincerely or record statements with the police. There has never been a conclusive case of hate speech prosecution.

The Director of Public Prosecutions Senior Counsel Mr. Keriako Tobiko, should be seen to reign on rogue politicians and anyone else who makes inflammatory speeches in public with a view to sparking hatred on ethic, regional and religious lines. National Cohesion and Integration Commission should also be alert to track anyone who seeks to abuse the freedom of expression. Social media is a fertile ground to hunt for tribal bigots and charge them. Sadly, the youth and the educated elite have bought the hate speech manners from the elder folks.

Tolerance to other’s opinion fosters peace and enhances the richness of discourses. This is not to say we engage in self-censorship but exercise caution before speaking or blogging on sensitive issues.

Hate speech in itself lacks concrete definition on what it really is. Parliament, with input of professionals such as lawyers and journalists can come up with a bill to fine tune the term so that people know exactly when they cross the line. This will teach them to keep off trouble.  To be safe one should ask himself or herself if by exercising their right they infringe on the rights of others then be responsible lest they will be held accountable for their actions.