Hate speech is considered to be a criminal offence, and more specifically a misdemeanour.
A criminal offence is an act or behaviour that is strictly prohibited by criminal law and is punished by a penalty (fine, imprisonment etc.). In France, there are three types of criminal offences, classified according to their degree of seriousness:
- “Contraventions”: they are the least serious offences and are punished by fines up to 3,000€
- Misdemeanours: they are punished by fines and/or imprisonment
- Crimes: they are the most serious offence and are punished by a sentence ranging from 15 years to life imprisonment.
When a person is charged with a criminal offence, they are called “the defendant” and the criminal charges are examined in criminal proceedings.
Making perpetrators responsible for hate speech demonstrates the ability of the State to enforce human rights. The failure of the State to conduct appropriate proceedings and convict the perpetrator may result in a violation of human rights.
Criminal responsibility & Human rights
Prohibition of inhumane or degrading treatment
Conducting effective criminal proceedings and calling perpetrators of hate speech to criminal responsibility is an essential remedy of the State to protect the rights of victims and to prevent human rights violations. When someone commits hate speech, they incite others to discriminate and act violently against people. This means that there is a risk of inhuman and degrading treatment being perpetrated against the victim. Therefore, if the pertinent authorities fail to protect the victim by effectively investigating, charging, trying and, if appropriate, convicting the perpetrator, it may result in a violation of the State’s positive obligation to protect individuals against inhumane or degrading treatment.
Prohibition of discrimination
Hate speech can be considered to be a form of discrimination. The State’s failure to react to a hate speech situation with proper vigour may result in a violation of the prohibition of discrimination in conjunction with other human rights.
Right to a fair trial
If the state institutions investigating hate speech, or the courts, do not follow procedures prescribed in the law, or the court proceedings take too long, this could violate the right to a fair trial.
The perpetrator’s human rights are also mostly associated with the right to a fair trial.
About this section
This section of the Guide will explain when hate speech can invoke criminal responsibility of the perpetrator.