Council of Europe http://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://rm.coe.int/opening-session-2-parmar-the-legal-framework-for-addressing-hate-speec/16808ee4bf
The Legal Framework for Addressing “Hate Speech” in Europe
1. What is “hate speech”?
2. What are the limits of freedom of expression under the ECHR?
3. How and why do these standards matter for regulatory authorities and judiciaries?
4. Key Recommendations
5. Sources
1. No international definition of “hate speech”
• Article 19, International Covenant on Civil and Political, 1966 (freedom of opinion and expression) • Article 20, International Covenant on Civil and Political Rights, 1966 • “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law” • Article 4, International Convention on the Elimination of Racial Discrimination, 1965 • States “shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof” • Key soft law instruments: • General Comment No 34, Human Rights Committee on Article 19, ICCPR (2012) • Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (2012)
2. Council of Europe (non-binding) definitions exist
• Committee of Ministers of the Council of Europe Recommendation No R 97(20) 30.10.1997 on “hate speech” • “all forms of expression which spread, incite, promote or justify racial hatred, xenophobia, antisemitism or other forms of hatred based on intolerance, including: intolerance expressed by aggressive nationalism and ethnocentrism, discrimination and hostility against minorities, migrants and people of immigrant origin” • European Commission against Racism and Intolerance (ECRI), General Policy Recommendation No 15 on ”hate speech” 8.12.2016 • “the use of one or more particular forms of expression – namely, the advocacy, promotion or incitement of the denigration, hatred or vilification of a person or group of persons, as well any harassment, insult, negative stereotyping, stigmatization or threat of such person or persons and any justification of all these forms of expression – that is based on a nonexhaustive list of personal characteristics or status that includes “race”, colour, language, religion or belief, nationality or national or ethnic origin, as well as descent, age, disability, sex, gender, gender identity and sexual orientation”
3. EU approach to “hate speech”
• Council framework decision on “combating certain forms and expressions of racism and xenophobia by means of criminal law” 2008/913/JHA, 28.11.2008 • Intentional conduct: • “publicly inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin” • “publicly condoning, denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes as defined in Articles 6, 7 and 8 of the Statute of the International Criminal Court…” and in “Article 6 of the Charter of the International Military Tribunal appended to the London Agreement of 8 August 1945 …” • “Member States may choose to punish only conduct which is either carried out in a manner likely to disturb public order or which is threatening, abusive or insulting” (emphasis added) • Basis for European Commission, Code of Conduct on Countering Illegal Hate Speech 31.05.2016: voluntary commitment by Facebook, YouTube, Twitter, Microsoft, and Instagram to counter spread of hate speech online
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