When does freedom of speech transcend to an incitement to violence?
When your mother is a journalist and your sister and best friend are media studies students, a healthy appreciation for freedom of speech is socialized into your DNA. As a South African, the bombardment of the protection of information bill, the media tribunal and the Spear saga keeps this debate and appreciation alive and hale.
But the recent violent riots and protest spurred by the amateur anti-Islam film "Innocence of Muslims" makes me question the absoluteness of freedom of speech.
Freedom of speech protects the right to advocate your beliefs, no matter their ethical interpretation, if they do not violate the rights of others. Under this right, people are allowed to advocate certain immoral beliefs freely, if they do not slander or do harm to others.
The film Innocence of Muslims depicts the life of the prophet Muhammad, portraying him as a child abuser and womanizer. The 14-minute length “film” is filled with such Islamophobic propaganda, mocking the Prophet Muhammad as a fraud.
This film is clearly more than just offensive and immoral – it is irresponsibly hateful. But when does freedom of speech transcend into the incitement of violence?
For this classification to be legally valid, the material must encourage the partaker to commit a violent act towards another party. If Charles Manson writes a manifesto, encouraging his followers to take up arms and start an apocalyptic race war, that is incitement to violence. Unfortunately, it does not restrict the use of hateful provocation by parties that leads to retaliation.
Upholders of this argument state that parties cannot be held responsible for the irrational reaction of others, and that any material could elicit a retaliatory response. Individuals could decide to take offence at Richard Dawkin’s denouncement of creationism. If they violently attack him, was he inciting violence by merely speaking against their opinions? Is this a misapplication of “incitement of violence”, or does the provocation justify retribution?
No, it does not.
But neither is it responsible or fair to provoke an already volatile environment. It is reckless to wield your right to freedom of speech by slandering a sensitive issue, which is known to incite a passionate or divisive response. Hate speech is not a constructive form of social criticism, especially where religion is concerned.
I am an advocate of freedom of speech and expression. I will, however, never condone the abuse of this right in sensitive environments which can lead to violence. Volatile issues should be treated with the necessary sensitivity, respect and diplomacy.
American schools, embassies and citizens have globally been under attack since the film went viral. Four American were killed in an attack on the U.S. Consulate in Benghazi. The free speech of a select few Americans has incited the violence of protesters, across Asia, Africa and the Middle East.
Most of the countries with the severest riots are countries that have far more suppressive environment than the United States, with more restrictions on freedom of speech and expression. The difficulty is to emphasize that this act of hate was by individuals, and does not represent the view of the United States’ government or populace at large. Most of thee countries do not have a culture of free speech, so acknowledging the right of people to speak in hateful opposition to their beliefs is incomprehensible.
We have seen this level of outrage before, in the response to Salman Rushdie’s work, as well as the publishing of cartoons of the prophet Muhammad in Denmark and the burning of the Quran. When we know the potential or precedent for violence our actions provoke, I believe it is our responsibility to weigh the consequences against our need to express ourselves freely.
If it had been a factual film, documenting the civil war in Syria, it is another matter. But this film was a personal attack by a group of individuals. The filmmakers were not critically analysing the Prophet Muhammad’s legacy. They did not intend to explore any relevant theme, or deliver social criticism. The nature and motivation of the film does not warrant protection as freedom of speech. It is hateful, irresponsible and should be condemned as such by all, along with the violence of the retaliation.
If we are to advocate harmony and peace, we need to condemn both the act and the response.






