A ruling from the Equality Court, sitting in the Western Cape High Court, has declared a series of inflammatory social media videos promoting antisemitism as hate speech.
Judge Andre Le Grange delivered the judgment on 9 May 2025, following a case brought forward by the Cape South African Jewish Board of Deputies against Thomas Leyland Torr.
Torr’s 22 videos, posted between 2023 and 2024, propagated hateful rhetoric, inciting harm and reinforcing harmful stereotypes against the Jewish community. The court found that his content violated Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act.
Torr’s videos contained vitriolic accusations, implicating Jewish individuals in crimes ranging from ritual murder to paedophilia. These assertions, deeply rooted in historical blood libel, were deemed to be inflammatory, abusive, and a direct threat to democratic values.
Judge Le Grange emphasised the far-reaching consequences of unchecked hate speech in online spaces, stating, “Speech of an unduly hateful, abusive, and inflammatory nature can pose a real and substantial threat to our democratic order and constitutional values.”
Community impact and consequences
During proceedings, expert testimonies illuminated the damaging impact of Torr’s rhetoric on the Jewish community. Media coordinator Mary Bloch and historian Professor Milton Shain provided insights on the real-world harm caused by these videos, detailing how several platforms removed the content due to its extremity.
In its ruling, the court reaffirmed that speech which incites harm and propagates hatred contradicts South Africa’s constitutional principles of dignity, equality, and respect. Consequently, it issued the following directives:
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- Torr’s videos from 2023 and 2024 on TikTok, Instagram, and YouTube are formally declared hate speech.
- He must issue an unqualified apology to the South African Jewish community within 30 days.
- He is required to donate R50,000 to the Cape Town Holocaust and Genocide Centre.
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