ABSTRACT

In chapter 4, I considered the legal options for change. I concluded that a combination of Option 1 (incitement to racial discrimination or hatred) and Option 2 (a racial offence prerequisite in relation to prosecution) may be politically, and even legally, problematic due to the undermining of free expression. Thus, I suggested that the only realistic way that this combination could be applied is through some form of refinement of Option 2. In this chapter, I intend to consider this matter.