and which constitutes incitement to cause harm,
shall be guilty of an offence.
a
(2) Any person who knowingly broadcasts, exhibits in public or distributes
film which, judged within context(a) amounts to propaganda for war;
(b) incites to imminent violence; or
(c) advocates hatred that is based on race, ethnicity, gender or religion,
and which constitutes incitement to cause harm,
shall be guilty of an offence.
(3) Any person who knowingly presents an entertainment or play in public
which, judged within context(a) amounts to propaganda for war;
(b) incites to imminent violence; or
(c) advocates hatred that is based on race, ethnicity, gender or religion,
and which constitutes incitement to cause harm,
shall be guilty of an offence.
(4) Subsections (1), (2) and (3) shall not apply to(a) a bona fide scientific, documentary, dramatic, artistic, literary or
religious publication, film, entertainment or play, or any part thereof
which, judged within context, is of such nature;
(b) a publication, film, entertainment or play which amounts to a bona fide
discussion, argument or opinion on a matter pertaining to religion,
belief or conscience; or
(c) a publication, film, entertainment or play which amounts to a bona fide
discussion, argument or opinion on a matter of public interest.
(5) (a) A prosecution for a contravention of this section shall be
instituted only in the Supreme Court, and only under the written authority of
the Attorney-general.
(b) The Attorney-General who authorises such a prosecution may apply to the
Court in which such a prosecution is instituted for an order prohibiting the
distribution, public exhibition or broadcast of the publication, film,
entertainment or play to which the prosecution relates.
(c) The Court referred to in paragraph (b) may if it finds that the
publication, film, entertainment or play in question is of the nature referred
to in subsection (1), (2) or (3) issue an order prohibiting the distribution,
public exhibition or broadcast of the film, publication, entertainment or
play.
(d) An order issued in terms of paragraph (c) shall remain in operation for
a period of two years and shall terminate when the Supreme Court upon an
application brought after the lapse of a period of two years for the date upon
which it is made, sets aside that order.
(6) A person shall not be convicted of-