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02 February 2018
Public lecture focuses on diversity as foundation for equality
Prof Shaun de Freitas (Department of Public Law), Dr Mwiza Nkhatha (Postdoctoral fellow at the Centre for Human Rights), Prof Iain Benson and Prof Jan Pretorius (Centre for Human Rights)

The Free State Centre for Human Rights at the University of the Free State (UFS) held a public lecture at the Bloemfontein Campus on 30 January 2018 titled Putting religion in brackets: the importance of diversity in the public square by Prof Iain T Benson, Professor of Law at the University of Notre Dame in Sydney, Australia, and, for the past seven years, extraordinary Professor of Law at the UFS.

Conflict between religion and modernity

According to Prof Benson, there have been attempts to exclude so-called old-fashioned ideas from modernity. He gave examples of political and moral objections to public money being spent on religious education by schools, and the prevalence of terminology that stigmatises alternative opinions that may be based on religion, such as “homophobia”. He also referred to an instance in which the accreditation of a Canadian Christian university was challenged because its covenant explicitly rejected certain practices, such as extramarital relationships and same-sex marriage – the objections centred on an institution with such views receiving public benefits.

The challenge of inclusion in a growing secular society
Last year, a South African court found that schools may not promote a single faith to the exclusion of others. “According to the constitution, we have the right to hold religious beliefs. However, there are limitations on religious practices. Each society must draw a line,” he said. In the South African case, he explained, “the court rejected a blanket exclusion of religion in schools. If religion is a right, how can it be voted out of existence?”

Prof Benson argued that the ideology of secularism, the separation of church and state, is making inroads into how we understand religion. If agnostic or atheist viewpoints are accepted in the public sphere, it should not mean that religious beliefs should be abolished. “A diversity of beliefs should be accommodated and every citizen, whether religious or not, may be a part of public life,” he said. He concluded by saying that we lived in a particularly difficult time for a religious believer in the public sphere.

News Archive

Emma Sadleir talks about social media etiquette
2016-05-18

Description: Emma Sadlier Tags: Emma Sadlier

Emma Sadleir
Photo: Supplied

“We have all become celebrities, we have become social figures because of our power to publish information. We have all become brands, and we need to protect our brand. Digital content is sometimes dangerous content,” said Sadleir.

On 11 May 2016, the University of the Free State, in collaboration with the Postgraduate School, hosted, Emma Sadleir, a leading social media expert, in the Equitas Auditorium on the Bloemfontein Campus. She is an admitted advocate, specialising in social media law.  Dr Henriette van den Berg, Director of the Postgraduate School, described Sadleir’s presentation as a privilege for all the staff and students who attended.

Sadleir said that there are two important rules that staff and students of an institution should try to follow. The first is not to bring the name of the institution into disrepute; and the second is not to breach the goodwill of the institution or, in other words, not to bite the hand that feeds you.

“The common law, even if there is no policy, is that anything that brings the company into disrepute can lead to disciplinary consequences up to termination,” said Sadleir.

Sadleir focused on hate speech and free speech, stating that free speech is a right that is entrenched in the constitution, but, like every other right, it has limitations. She mentioned Penny Sparrow, Matt Theunissen, Velaphi Khumalo, and Judge Mabel Jansen, all of whom have been lambasted by the public over their racist posts on social media. Sadleir stressed that, even on social media, content has to be within the confines of the law, and people must remember our rights are not absolute. We have a lot of freedoms, but no one cannot disseminate hate speech.

“Would you publish whatever you thinking on a billboard, close to a busy highway with your name, picture and employers details or the institution you studying at? If you have no grounds to justify the comment, do not post it,” warned Sadlier.  

According to the South African Bill of Rights, everyone has the right to privacy, but an expectation of privacy has to be enforced. She said people over-document their lives on social media, decreasing your right to privacy drastically. “It is like CCTV footage of your life. It is simple, the more you take care of your privacy, the more you have,” said Sadleir.

Sadleir said it was important for Facebook users to have privacy settings where they can review posts where they are tagged. According to Sadleir, managing your reputation is not only limited to what you post about yourself but also managing what others post about you.

She cited a 2013 case in the Pretoria High Court in which a new wife wrote a scandalous Facebook post about her husband’s ex-wife, tagging the husband in the post. The courts found both the new wife and the husband guilty of defamation.

“If you have been tagged in something but have not been online and seen the content, you are then an innocent disseminator. The moment you are aware of the post you are liable for the content,” said Sadleir.

“It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently,” Sadleir said, concluding her presentation with the quotation from Warren Buffet.

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