"hate speech"

includes any speech, gesture, conduct, writing, display or publication, made using the internet, which is prohibted in terms of section 16(2) of the Constitution of the Republic of South Africa, 1996, which propagates, advocates or communicates words against any person or identifiable group, which words could reasonably be construed to demonstrate a clear intention to be harmful, to incite harm and promote or propagate hatred against the said person or identifiable group.

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(j) of Proc 52, GG 45959, dated 25 February 2022]