The state, hate speech regulation and sustainable democracy in Africa: a study of Nigeria and Kenya

Abstract

ABSTRACT The debates on hate speech regulation have divided scholars and practitioners. While the liberals largely argue that hate speech ban is anti-democratic and counter-productive for preservation of fundamental human rights, the humanists posit that hate speech is harmful and its regulation is relevant in order to avert the collateral damage/harm it inflicts on human dignity and equality of human beings. Despite the significant efforts in Africa to regulate hate speech, its debates focus on United States and Western Europe. Thus, the account of hate speech regulation in African context is largely understudied. This study therefore examines the impact state regulation of hate speech on sustainable democracy in Africa. Using the qualitative dominant mixed methods approach and data generated from Nigeria and Kenya, the paper argues that state regulation of hate speech presents an opportunity for fostering order, advancing national cohesion, reducing hate speech and promoting inclusive governance for all, irrespective of age, sex, disability, race, ethnicity, origin, religion and economic status. The paper concludes that implementing hate speech legislation alongside other non-legal, dialogue-based, egalitarian, voluntary approaches are relevant for diminishing hate speech and the harms it engender as well as promoting sustainable democracy in Africa and beyond.