Hate Speech
| Autor | Yasmin Curzi |
| Páginas | 159-160 |
159
Hate Speech
42 Hate Speech
Yasmin Curzi
This entry aims to (I) present the definition of hate speech according
to human rights law and the specialized literature; and (II) draw a
distinction between hate speech and harm.
Hate speech is not a new phenomenon, and neither are the attempts
to address it. The International Covenant on Civil and Politics Act
(ICCP, United Nations, 1966) prohibited (art. 20) “[the] advocacy
of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence”. Many other legal instruments
subsequently tried to encompass forms of discrimination, such as the
Committee of Ministers of the Council of Europe Recommendation No
R 97(20) 30.10.1997 on hate speech, which includes other vulnerable
groups into the definition. Also, this document makes liable not only
the individuals who advocate in favor of hatred speech but also
the ones that act to “spread, incite, promote or justify” any content
related to “racial hatred, xenophobia, anti-Semitism or other forms
of hatred based on intolerance, including intolerance expressed
by aggressive nationalism and ethnocentrism, discrimination and
hostility towards minorities, migrants and people of immigrant origin”
(Council of Europe, 1997). These efforts show the commitment of
several relevant institutions to cultural changes, being incorporated
by domestic legislations worldwide.
Despite the advantages to the existence of general definitions capable
of encompassing all of what are to be considered hate manifestations,
in a universalist approach, the lack of objectivity leaves enormous
discretionary space for judges and punitive institutions in applying
the legislation. This can lead to several issues for law enforcement.
Similarly, when it comes to online hate speech, there is a huge
space for the actions of social network companies to define what
they consider to be hate speech and apply content moderation in
the online environment.
Considering the online fora as the new public sphere, platforms
are being called out to assure the equal participation of users, to
combat online violence and to enforce content moderation. Moreover,
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