The legal regulation of hate speech: the international and European frameworks
In: Politička misao, Band 55, Heft 4, S. 203-229
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In: Politička misao, Band 55, Heft 4, S. 203-229
World Affairs Online
This paper looks at the tools available on an international and European level in relation to the legal regulation of hate speech. More particularly, it considers the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination along with related case-law of the respective monitoring committees. It looks at the European Convention on Human Rights and how the European Court of Human Rights interprets the limits of free speech when confronted with cases of hate speech. It also looks at the Framework Decision on Racism and Xenophobia of the European Union and the Additional Protocol to the Cybercrime Convention of the Council of Europe. Through the analysis it demonstrates that there is no common approach amongst international and European institutions on what hate speech is and the threshold which needs to be met for legal regulation to be permissible. It also demonstrates that the tools available focus only on some types of hate speech.
BASE
In: Natalie Alkiviadou (2018) Hate speech on social media networks: towards a regulatory framework?, Information & Communications Technology Law, DOI: 10.1080/13600834.2018.1494417
SSRN
In: Politička misao: croatian political science review = Political thought, Band 55, Heft 4, S. 203-229
ISSN: 1846-8721
In: SpringerBriefs in Linguistics Series
Intro -- Contents -- Contributors -- 1 Introduction and Background -- 1.1 Hate Speech in the EU and the C.O.N.T.A.C.T. Project -- 1.2 Regulating Hate Speech in the EU -- 1.3 Hate Speech in the Online Setting -- 1.4 The C.O.N.T.A.C.T. Research Workstream -- References -- 2 The C.O.N.T.A.C.T. Methodological Approach -- 2.1 Harvesting and Analysing Online Comments to News Reports -- 2.2 Approximating Perceptions of Hate -- References -- 3 Analysis of Online Comments to News Reports -- 3.1 Categorisation and Defence Strategies -- 3.2 Stereotyping Vulnerable Groups -- 3.3 From 'Patriotism' to Hate: Axiological Urgency in Online Comments Related to Refugees -- 3.4 Metaphors Related to Othering the Non-natives -- 3.5 The Implicit Dimension of Discriminatory Discourse -- 3.6 Changing Participant Roles in the Expression of Hate Speech -- References -- 4 Young People's Perception of Hate Speech -- 4.1 Youth and Hate Speech in the (Mediatised) Public Sphere -- 4.2 Resistance Against Hate Speech: Generation 'Snowflake' or Generation 'Woke'? -- 4.3 Folk Characterisations of Hate Speech -- 4.4 Thoughts on Regulating Hate Speech -- 4.5 It All Depends on Who Discrimination Targets -- 4.6 The Conceptual Contiguity of Race and Religion -- 4.7 Hate Speech and the Communication Medium -- 4.8 Hate Speech, Cyberbullying and Online Anonymity -- References -- 5 Concluding Remarks -- References.