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Internal WhatsApp and premises posters did not constitute hate speech or racial discrimination under PEPUDA.
PEPUDA – hate speech s 10(1): publication/communication includes conduct and internal WhatsApp; objective reasonable person test for ‘clear intention to be harmful’; mere offensiveness insufficient. Unfair discrimination: objective, informed person test; contextual inquiry required; speculative or unpleaded analogous grounds insufficient. Discovery: no duty to produce non-existent or irrelevant documents.
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