‘Fuck White People’: Court correct not to find artwork to be hate speech

It is not surprising that the Chief Magistrate of Cape Town earlier this week ruled that the work of art by Dean Hutton (which includes a repetition of the phrase “Fuck White People”) did not constitute hate speech. The Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) specifically excludes bona fide engagement in artistic creativity from the ambit of the hate speech provision, which means that one is unlikely ever to win a hate speech case against the creator of a work of art.