Hate speech promotes hatred, discrimination or violence against individuals or groups based on certain attributes. It is not protected by freedom of expression and can be lawfully prevented and punished.
Definition
Hate speech is any form of incitement, spreading or provocation of hate, discrimination, and violence against an individual or a group of people based on certain attributes, such as sex, gender identity, sexual orientation, disability, origin, race, ethnicity, nationality, religion or other beliefs.
Hate speech is an abuse of freedom of expression and as such is prohibited under Article 17 of the European Convention on Human Rights. Indeed, Article 17 comes into play when an applicant seeks to misuse an article of the Convention from its true purpose by relying on the right it guarantees in order to justify acts that are contrary to the Convention or that are incompatible with democracy and/or other fundamental values of the Convention.
What can be considered hate speech?
There is a fine line between what can and cannot be considered hate speech. Therefore, it is important to carefully distinguish hate speech from other insulting, unpopular or extreme views and expressions. For example, a statement can be contrary to the majority’s opinion, considered offensive and feel hateful, but it might not exactly incite hatred or violence.
Read more about how to recognise hate speech.
Forms of expression
Hate speech involves not only public verbal statements, but can also be expressed in other forms such as books, newspapers, online statements, drawings, paintings, pictures, films, cartoons, posters displayed in public places etc.
example A TV interview where immigrants from Africa are compared to monkeys, or where a series of articles are published portraying a particular ethnic group as a source of evil in the country and inciting the use of violence against this group.
It is important to realize that hate speech can be disseminated in many different ways nowadays, including the Internet. Hate speech online is propagated and amplified and its consequences are underestimated. Users think that when they disseminate hate speech, that they have some impunity and are protected through their anonymity.
However, such thinking is inaccurate, as public authorities are also implementing the necessary measures to combat hate speech which is disseminated online.
example The comments of individuals on an internet news portal which contain personal threats or offensive language directed against the persons mentioned in the news article and which aim to provoke discrimination on the basis of their origin, religion, race etc.
Hate speech vs Freedom of expression
Hate speech is contrary to the basic values of a democratic society because it promotes intolerance, hate or violence against other people. The state has a duty to protect the rights and dignity of all people in society and maintain social peace. To do this, it must prevent hate speech, intolerance and discrimination. Therefore, the restriction of hate speech does not violate freedom of expression.
Criminal offence
Hate speech is a criminal offence which can be lawfully prevented or punished by the state. The French Law allows for the sanctioning of hate speech by fine, and/or deprivation of liberty. In addition to these sanctions, the court can, in certain circumstances, deprive the person of their right to be elected and their right to exercise a judicial function or to represent a party before the court, for a maximum of five years. The court can also order the publication containing hate speech to be deleted.
In criminal cases involving hate speech, it is not only the authors who can be found guilty. You can also be liable for the mere dissemination of hate speech if you endorse the message. For example, when offering a platform by publishing or broadcasting the message.
Read more about liability.
Compensation
The victims of hate speech have a right to claim monetary compensation from the authors or disseminators of such expressions both during criminal proceedings and also by bringing a separate civil claim if their claims are not fully satisfied within the criminal proceedings.
Read more about how to complain if you believe that you have been a victim of hate speech.