Hate speech can take many forms, so it is important to be aware of different situations where particular expression may be considered to be hate speech.
Privately expressed forms of hate
There should be no illusions that expressions containing hatred and offensive language towards certain individuals and groups is a daily occurrence in the private sphere. Because of their general negative attitudes towards these persons (groups), some people tend to express opinions in harsh and offensive ways in their private communication.
example Two buddies share multiple racist jokes while playing video games.
This private communication can be considered to be hate speech in France, as the aim of hate speech, whether it is public or private, is to incite people and groups of persons to hatred, violence or discrimination. Therefore, it can amount to a human rights violation and can be punished under French law, although it is less severely punished than public hate speech. Hate speech is considered public if it can be read or heard by several people without any link between them, such as comments made in the street, or on a public social media etc. Hate speech is considered private if it has been read or heard by only a few people connected to each other: on a social media restricted to a few friends, during a professional meeting etc. On social media, a message is considered public if it is accessible to people other than the user's "friends"; otherwise, it is considered private.
Also, if unchecked, privately expressed hate speech feeds back into the public sphere, inciting further tension and other forms of illegal discrimination and abuse. Thus, the State should make efforts to ensure proper education about the harm caused by hate speech and discrimination.
Publicly expressed hate speech
Publicly expressed hate speech is considered to be very serious and punishable. The French law on the Freedom of the Press allows for the sanctioning of hate speech by fine, deprivation of certain civic rights or deprivation of liberty. For the offence to be considered hate speech, it must fit the description of hate speech outlined in the Article 24 of the Law on the Freedom of the Press. Also, in France, public glorification, denial, acquittal or gross trivialization of committed genocide, war crimes and crimes against peace and humanity that are recognised by an international or French court, are considered as punishable hate speech.
Hate speech can take different forms and can be disseminated not only in “real life” but also on the Internet. It can be classified in different categories. For example, it includes hate speech inciting religious or racial hatred, hate speech inciting discrimination towards people because of their gender or sexual orientation, hate speech dedicated to the glorification of war crimes, provoking people to commit crimes like murder or sexual assaults etc. All these types of hate speech are punished under French law.
example A group of people held an unsanctioned public meeting near a local church where they shouted slurs aimed at Christians.
Hate speech online
Online hate speech is tolerated more than hate speech expressed “offline”, namely, in real life, and is, unfortunately, more difficult to control. It is also easier for users to be abusive online than offline. Hate speech online is propagated and amplified by underestimating its effects and by the thought that users on the internet have some impunity or are protected by anonymity. However, such thinking is incorrect, as public authorities are also implementing the necessary measures to combat hate speech which is disseminated online.
example Several internet users posted hateful comments under an article about a gay couple getting married and adopting a child. The users were later tried and found guilty of incitement to hatred.
Most of the time, hate speech online will be considered to be equal to hate speech expressed “offline”, namely, in real life, and the users spreading hate speech can be held accountable. Because of the way that the Internet works, the platforms and portals that create the conditions for the dissemination of hate speech and do not remove comments containing it in a timely way, can be held accountable as well.
example A news portal faced fines because the portal did not take any action after receiving reports about hateful comments under articles posted on the news portal about Jews.
Denial, trivialization, condonation and glorification
The State has a responsibility to punish any intentional public condonation, denial, gross trivialization or glorification of crimes of genocide, crimes against humanity, crimes of enslavement and war crimes directed against a group of persons or members of such a group, when such crimes have led to a conviction by a French or international court.
example During a TV interview, a person claims that the Holocaust led to the deaths of only a few Jewish people and not millions, thus disputing the existence of this crime.