Hate speech is public speech that expresseshate or encouragesviolence towards a person or group based on something such asrace,religion,sex, orsexual orientation.[1] Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".[2]
Australia's hate speech laws vary by jurisdiction. All Australian jurisdictions give redress when a person is victimised on account of colour, ethnicity, national origin, or race. Some jurisdictions give redress when a person is victimised on account of colour, ethnic origin, religion, disability, gender identity, HIV/AIDS status or sexual orientation.
Until 28 April 2020, there was no formal or clear law banning hate speech in the Algerian Penal Code.[3] This additional law No.20/05, prohibits and combats bigotry and hate speech define hate speech as any kind of expression that spreads, incites, encourages, or justifies racial hatred, and other forms of hatred such as humiliation, hostility, or violence against person or group on the basis of their race, religion, ethnic origin, national origin, sex, Health status, disability, Geographical affiliation, or gender identity. It does, however, contain a ban against anyone that produces, maintains, or supervises a dedicated website or electronic account for the purpose of endorsing any initiative, concept, news, or sketches or pictures that may incite bigotry and hate in society which can result in a sentence of five to ten years in prison and a penalty of 5,000,000 to 10,000,000DZD.
TheBelgian Anti-Racism Law, in full, theLaw of 30 July 1981 on the Punishment of Certain Acts inspired by Racism or Xenophobia, is a law against hate speech anddiscrimination that theFederal Parliament ofBelgium passed in 1981. It made certain acts motivated byracism orxenophobia illegal. It is also known as theMoureaux Law.
The Belgian Holocaust denial law, passed on 23 March 1995, bans publicHolocaust denial. Specifically, the law makes it illegal to publicly "deny, play down, justify or approve of the genocide committed by theNazi German regime during theSecond World War." Prosecution is led by theBelgianCentre for Equal Opportunities. The offense is punishable by imprisonment of up to one year and fines of up to€3,500.
InBrazil, according to the1988 Brazilian Constitution (article 5, item XLII),racism is an "Offense with no statute of limitations and no right to bail for the defendant."[4] In 2019, Brazil's Supreme Court (STF) ruled that the racism crime law should be applied to homophobia and transphobia as well.[5][6]
InCanada, advocating genocide against any "identifiable group" is an indictable offence under theCriminal Code and it carries a maximum sentence of five years' imprisonment. There is no minimum sentence.[7]
Publicly inciting hatred against any identifiable group is also an offence. It can be prosecuted either as an indictable offence with a maximum sentence of two years' imprisonment, or as a summary conviction offence with a maximum sentence of six months' imprisonment. There are no minimum sentences in either case.[8] The offence of publicly inciting hatred makes exceptions for cases of statements of truth, and subjects of public debate and religious doctrine. The landmark judicial decision upholding the constitutionality of this law wasR v Keegstra, decided in 1990.[9]
An "identifiable group" is defined for both offences as "any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation,gender identity orexpression or mental or physical disability".[10]
Article 249 of the Criminal Law of China states that anyone who incites ethnic hatred or discrimination may be sentenced to short-term custody, non-custodial correction, deprivation of political rights, or fixed-term imprisonment for up to 10 years, depending on the severity of the circumstances.[11]
Article 31 of the "Ley sobre Libertades de Opinión e Información y Ejercicio del Periodismo" (statute on freedom of opinion and information and the performance of journalism), punishes with a large fine those who "through any means of social communication makes publications or transmissions intended to promote hatred or hostility towards persons or a group of persons due to their race, sex, religion or nationality". This law has been applied to expressions transmitted via the internet.[12] There is also a rule increasing the penalties for crimes motivated by discriminatory hatred.
The Czech Republic prohibits hate speech under its Criminal Code, which includes inciting hatred, discrimination, or violence against specific groups based on race, religion, nationality, or other affiliations, with potential penalties including prison sentences. Specific provisions outlaw defamation of nations, denial or justification of genocide, and expressing sympathy for movements that suppress human rights. While freedom of expression is protected, it is limited by these provisions, and the government also monitors and prosecutes extremism, which can involve hate speech. Specific provisions outlaw defamation of nations, denial or justification of genocide, and expressing sympathy for movements that suppress human rights. While freedom of expression is protected, it is limited by these provisions, and the government also monitors and prosecutes extremism, which can involve hate speech.
A person can be sentenced to up to two years in prison for publicly inciting hatred against any nation, race, ethnic group, religion, class, or other group, or for inciting the restriction of their rights and freedoms. The concept of extremism also covers hate speech, particularly through the promotion of violence against specific groups or historical revisionism. It is illegal to deny, question, approve, or justify genocide, includingthe Holocaust.
The Security Information Service (BIS) monitors extremism and prejudiced hatred, and the government prosecutes individuals for hate crimes and related offenses, as seen in the convictions for defamation, genocide denial, and inciting hatred in 2023.
TheCroatian Constitution guaranteesfreedom of speech, but the Croatian penal code prohibits discrimination and punishes anyone "who based on differences of race, religion, language, political or other belief, wealth, birth, education, social status or other properties, gender, skin color, nationality or ethnicity violates basic human rights and freedoms recognized by the international community."[13]
Denmark prohibits hate speech, and defines it as publicly making statements by which a group isthreatened (trues),insulted (forhånes) ordegraded (nedværdiges) due to race, skin colour, national or ethnic origin, faith or sexual orientation.[14]
Estonia has not enacted any criminal legislation regarding hate speech.[15]
In November 2020, theEuropean Union started infringement proceedings againstEstonia because it had not adopted laws against hate speech.[16]
In December 2020, theEstonian Parliament voted to reject a bill submitted by theReform Party to criminalize hate speech.[17]
In April 2022, symbols of "hate and aggression" were temporarily banned around strategic dates commemorating Russian victory in World War II, but paragraphs concerning hate speech itself were not accepted due to Estonia's strong free speech laws still on the books.[18] The law concerning symbols was later made permanent if they are used publicly to support the relevant groups, while hate speech remains legal as long as it does not directly call to violence or discrimination.[19]
TheCouncil of Europe sponsored "No Hate Speech"[20] movement actively raises awareness about hate speech, in order to help combat the problem. While Article 10 of theEuropean Convention on Human Rights does not prohibit criminal laws againstrevisionism such as denial or minimization ofgenocides orcrimes against humanity, as interpreted by theEuropean Court of Human Rights (ECtHR), the Committee of Ministers of the Council of Europe went further and recommended in 1997 that member governments "take appropriate steps to combat hate speech" under its Recommendation R (97) 20.[21] The ECtHR does not offer an accepted definition for "hate speech" but instead offers only parameters by which prosecutors can decide if the "hate speech" is entitled to the protection of freedom of speech.[22]
A growing awareness of this topic has resulted from educational programs in schools, which has enhanced reporting of hate speech incidences.[23] The Council of Europe also created theEuropean Commission against Racism and Intolerance, which has produced country reports and several general policy recommendations, for instance againstantisemitism andintolerance against Muslims.
There has been considerable debate over the definition of "hate speech" (vihapuhe) in theFinnish language.[24][25] If "hate speech" is taken to mean ethnic agitation, it is prohibited inFinland and defined in the section 11 of the penal code,War crimes and crimes against humanity, as published information or as an opinion or other statement that threatens or insults a group because of race,nationality,ethnicity,religion or conviction,sexual orientation, disability, or a comparable basis. Ethnic agitation is punishable with a fine or up to two years in prison, or four months to four years if aggravated (such asincitement to genocide).[26]
Critics claim that, in political contexts, labeling certain opinions and statements "hate speech" can be used to silence unfavorable or critical opinions and suppress debate. Certain politicians, including Member of Parliament and the leader of theFinns PartyJussi Halla-aho, consider the term "hate speech" problematic because of the disagreement over its definition.[25]
France's penal code and press laws prohibit public and private communication that is defamatory or insulting, or that incites discrimination, hatred, or violence against a person or group on account of place of origin, ethnicity or lack thereof,nationality,race, specificreligion, sex,sexual orientation, or handicap. The law prohibits declarations that justify or deny crimes against humanity—for example,the Holocaust (Gayssot Act).[27]
In July 2019,Laetitia Avia proposed a bill to fight hate speech on social media. The Avia law was passed on May 13, 2020. It requires websites to remove content that contains hate speech within 24 hours after publication. Failure to comply is punishable by one year of imprisonment and a fine of up to €15,000.[28] On 18 June 2020, the French Constitutional Council rejected most of the draft law.[29]
InGermany,Volksverhetzung ("incitement to hatred") is a punishable offense under Section 130 of theStrafgesetzbuch (Germany's criminal code) and can lead to up to five years' imprisonment.[30] Section 130 makes it a crime to publicly incite hatred against parts of the population or to call for violent or arbitrary measures against them or to insult, maliciously slur or defame them in a manner violating their (constitutionally protected) human dignity. Thus for instance it is illegal to publicly call certain ethnic groups "maggots" or "freeloaders".[31]Volksverhetzung is punishable in Germany even if committed abroad and even if committed by non-German citizens, if only the incitement of hatred takes effect within German territory, e.g., theseditious sentiment was expressed in German writing or speech and made accessible in Germany (German criminal code'sPrinciple of Ubiquity, Section 9 §1 Alt. 3 and 4 of the Strafgesetzbuch).
On June 30, 2017, Germany approved a bill criminalizing hate speech on social media sites. Among criminalizing hate speech, the law states that social networking sites may be fined up to €50 million (US$56 million) if they persistently fail to remove illegal content within a week, including defamatory "fake news".[32]
In 2020, the Bundestag introduced further regulations to combat hate speech and online extremism in response to a series of far-right terror attacks in Germany in 2019 and early 2020.[33] As part of the updated Network Enforcement Act (NetzDG), penalties for online insults were increased, and social media companies faced stricter reporting obligations. The reforms also introduced provisions to allow prosecution for voicing public approval of serious crimes that have not yet occurred, such as endorsing or sharing threatening posts on social media. Starting in 2022, platforms were required to report the IP addresses of users posting neo-Nazi propaganda, threats of serious violence, or media depicting sexual abuse to Germany’s federal police.[34]
InIceland, the hate speech law is not confined to inciting hatred, as one can see from Article 233 a. in the Icelandic Penal Code, but includes public denigration:[35]
Anyone who publicly mocks, defames, denigrates or threatens a person or group of persons by comments or expressions of another nature, for example by means of pictures or symbols, for their nationality, colour, race, religion, sexual orientation or gender identity, or disseminates such materials, shall be fined or imprisoned for up to 2 years.
Freedom of speech and expression is protected by article 19(1) of the constitution of India, but under article 19(2) "reasonable restrictions" can be imposed on freedom of speech and expression in the interest of "the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order."[36] The laws allow a citizen to seek the punishment of anyone who shows the citizen disrespect "on grounds of religion, race, place of birth, residence, language, caste, sexual orientation, gender identity or community or any other ground whatsoever".[37]
Indonesia has been a signatory to theInternational Covenant on Civil and Political Rights since 2006, but has not promulgated comprehensive legislation against hate-speech crimes. Calls for a comprehensive anti-hate speech law and associated educational program have followed statements by a leader of a hard-line Islamic organization that Balinese Hindus were mustering forces to protect the "lascivious Miss World pageant" in "a war against Islam" and that "those who fight on the path of Allah are promised heaven". The statements are said to be an example of similar messages intolerance being preached throughout the country by radical clerics.[38] The National Police ordered all of their personnel to anticipate any potential conflicts in society caused by hate speech. The order is stipulated in the circular signed by the National Police chief General Badrodin Haiti on October 8, 2015.[39]
TheConstitution of Ireland guaranteesIrish citizens the right "to express freely their convictions and opinions"; however, this right is "subject to public order and morality", mass media "shall not be used to undermine public order or morality or the authority of the State", and "publication or utterance of seditious or indecent matter is anoffence".[40] The Prohibition of Incitement to Hatred Act 1989 made it an offence to make, distribute, or broadcast "threatening, abusive or insulting" words, images, or sounds with intent or likelihood to "stir up hatred", where "hatred" is "against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership ofthe travelling community or sexual orientation".[41] The first conviction was in 2000, of a bus driver who told a Gambian passenger "You should go back to where you came from".[42] This, however, was overturned on appeal due to the strict interpretation of intent to stir up hatred; the judge explained that the bus driver had no intention of "stirring up hate, however racist the comments were".[43] Frustration at the low number of prosecutions (18 by 2011) was attributed to a misconception that the law addressedhate crimes more generally as opposed to incitement in particular.[44] In 2013 theConstitutional Convention considered theconstitutional prohibition of blasphemy, and recommended replacing it with a ban on incitement to religious hatred.[45] This was endorsed by theOireachtas,[46] and in 2017the Fine Gael-led government planned a referendum for October 2018.[47]The referendum passed, with 64.85% of voters in favour of removing the law, a result which theIrish Times described "uniquely unanimous in recent years".[48]
In 2019, a UN rappourteur told Irish representatives at theCommittee on the Elimination of Racial Discrimination, meeting atUN Geneva, to introduce new hate crime legislation to combat the low prosecution rate for offences under the 1989 act, particularly foronline hate speech. The rapporteur's points came duringa rise in anti-immigrant rhetoric and racist attacks in Ireland and were based on recommendations submitted by theIrish Human Rights and Equality Commission and numerous othercivil society organisations. Reforms are supported by theIrish Network Against Racism.[49]
The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill known as the "Hate Crime Bill", prohibiting hate speech or incitement to hate crimes based on protected characteristics, is in its Third Stage at theSeanad, Ireland'supper house, as of June 2023[update] and theIrish Times reports it is likely to become law in late 2023.[50][51] It has drawn concern from theIrish Council for Civil Liberties and from across the political spectrum (specifically fromMichael McDowell,Rónán Mullen, andPeople Before Profit), as well as internationally, from business magnateElon Musk and political activistDonald Trump Jr.[51]Paul Murphy of People Before Profit said the bill created a "thought crime" by its criminalisation of possessing material prepared for circulation where circulation would incite hatred.[51]
Japan does not have nationally enforced hate speech laws. Japanese law covers threats and slander, but it "does not apply to hate speech against general groups of people".[52] Japan became a member of the United NationsInternational Convention on the Elimination of All Forms of Racial Discrimination in 1995. Article 4 of the convention sets forth provisions calling for the criminalization of hate speech but the Japanese government has suspended the provisions, saying actions to spread or promote the idea of racial discrimination have not been taken in Japan to such an extent that legal action is necessary. The Foreign Ministry stated in 2013 that this assessment remained unchanged.[53]
In the same year, following demonstrations, parades, and comments posted on the Internet threatening violence against foreign residents of Japan, especially Koreans, there were concerns that hate speech was a growing problem in Japan.[54][55][56] Prime MinisterShinzō Abe and Justice MinisterSadakazu Tanigaki expressed concerns about the increase in hate speech, saying that it "went completely against the nation's dignity", but stopped short of proposing any legal action against protesters.[53]
On 7 October 2013, in a rare ruling on racial discrimination against ethnic Koreans, a Japanese court ordered an anti-Korean group,Zaitokukai, to stop "hate speech" protests against a Korean school inKyoto and pay the school 12.26 million yen ($126,400 U.S.) in compensation for protests that took place in 2009 and 2010.[57][58]
In May 2016 Japan passed alaw dealing with hate speech. However, it did not ban hate speech and sets no penalty for committing it.[59]
Kawasaki City on July 6, 2020, began enforcing a first of its kind ordinance that penalizes people who repeatedly use hate speech in public spaces, with potential fines of up to 500,000 yen. The new anti-hate speech local law forbids individuals from using means such as megaphones, signs or flyer distribution in public spaces including parks and roads to air hate speech that discriminates against people from foreign countries, or their descendants. The ordinance does not address hate speech outside public areas and online.[60]
Several Jordanian laws seek to prevent the publication or dissemination of material that could provoke strife or hatred:[61]
In Kenya, hate speech is regulated, but not strictly defined by law, including article 33 of the constitution "and three enabling Acts, such as the National Integration and Cohesion Act, 2008 and Media Act 2007".[62]
The Maltese criminal code through Articles 82A-82D prohibits in substance hate speech comprehensively as follows:
82A. (1) Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or racial or religious hatred against another person or group on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, religion or belief or political or other opinion or whereby such violence or racial or religious hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable to imprisonment for a term from six to eighteen months.
(2) For the purposes of the foregoing sub-article "violence or racial or religious hatred" means violence or racial or religious hatred against a person or against a group of persons in Malta defined by reference to gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, citizenship, religion or belief or political or other opinion.
82B. Whosoever publicly condones, denies or grossly trivialises genocide, crimes against humanity and war crimes directed against a group of persons or a member of such a group defined by reference to race, colour, religion, citizenship, descent or national or ethnic origin when the conduct is carried out in a manner -
(a) likely to incite to violence or hatred against such a group or a member of such a group;
(b) likely to disturb public order or which is threatening, abusive or insulting, shall, on conviction, be liable to imprisonment for a term from eight months to two years:
Provided that for the purposes of this article "genocide", "crimes against humanity" and "war crimes" shall have the same meaning assigned to them in article 54A (Provisions which transpose theRome Statute of the International Criminal Court into Maltese Law).
82C.(1) Whosoever publicly condones, denies or grossly trivialises crimes against peace directed against a person or a group of persons defined by reference to gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, citizenship, religion or belief or political or other opinion when the conduct is carried out in a manner-
(a) likely to incite to violence or hatred against such a person or group; or
(b) likely to disturb public order or which is threatening, abusive or insulting, shall, on conviction, be liable to imprisonment for a term from eight months to two years.
(2) For the purposes of this article a crime against peace means conduct consisting of:
(a) the planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances;
(b) participation in a common plan or conspiracy for the accomplishment of any of the acts referred to in paragraph (a).
82D. Whosoever aids, abets or instigates any offence under articles 82A to 82C, both inclusive, shall be guilty of an offence and shall be liable on conviction to the punishment laid down for the offence aided, abetted or instigated.
The Dutch penal code prohibits both insulting a group (article 137c) and inciting hatred, discrimination or violence (article 137d). The definition of the offences as outlined in the penal code is as follows:
In January 2009, a court in Amsterdam ordered theprosecution ofGeert Wilders, a Dutch Member of Parliament, for breaching articles 137c and 137d.[65] On 23 June 2011, Wilders was acquitted of all charges.[66] In 2016, in a separate case, Wilders was found guilty of both insulting a group and inciting discrimination for promising an audience that he would deliver on their demand for "fewer Moroccans".[67] The group insulting verdict (article 137c) was upheld by the appeals court in 2020.[68] In 2021, theSupreme Court again upheld the conviction.[69]
New Zealand prohibits "inciting racial disharmony" under theHuman Rights Act 1993. Section 61 (Racial Disharmony) makes it unlawful to publish, distribute or broadcast writing, signs, images or sound recordings or use words in a public place or public meeting which are "threatening, abusive, or insulting" or to use words in a public place which are "likely to excite hostility against or bring into contempt any group of persons [...] on the ground of the colour, race, or ethnic or national origins" of that group. Section 131 (Inciting Racial Disharmony) states the penalties for "intent to excite hostility" or bringing into "contempt or ridicule" groups defined in Section 61: up to three months imprisonment or a fine of up to $7,000.[70] From 2017 there were calls to widen hate speech laws to include more groups covering gender, sexuality and religion, but as of 2024 no changes have been made.[71][72] Under theNew Zealand Bill of Rights Act 1990 New Zealanders are free "to seek, receive, and impart information and opinions of any kind in any form."[73]
In November 2019, theNigeria Senate reintroduced a bill that seeks to penalise persons found guilty of hate speech.[74] The bill titled "National Commission for the Prohibition of Hate Speeches (Estb. 2019) said "A person who uses, publishes, presents, produces, plays, provides, distributes and/or directs the performance of any material, written and/or visual, which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behaviour, commits an offence, if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up against any person or person from such an ethnic group in Nigeria," a culprit shall be sentenced to not less than a five-year jail term or a fine of not less than N10 million or both[75]
Norway prohibits hate speech, and defines it as publicly making statements that threaten or show contempt towards someone or that incite hatred, persecution or contempt for someone due to their skin colour, ethnic origin, homosexual orientation, gender identity, disability, religion or philosophy of life.[76] At the same time, theNorwegian Constitution guarantees the right to free speech, and there has been an ongoing public and judicial debate over where the right balance between the ban against hate speech and the right to free speech lies. Norwegian courts have been restrictive in the use of the hate speech law and only a few persons have been sentenced for violating the law since its implementation in 1970. A public Free Speech committee (1996–1999) recommended to abolish the hate speech law but theNorwegian Parliament instead voted to slightly strengthen it.[77]
The hate speech laws in Poland punish those who offend the feelings of the religious by e.g. disturbing a religious ceremony or creating public calumny. They also prohibit public expression that insults a person or a group on account of national, ethnic, racial, or religious affiliation or the lack of a religious affiliation.[78]
Article 369 of theCriminal Code, titled 'Incitement to hatred or discrimination', prohibits hate speech directed against a group of persons. The offense carries a punishment of six months to three years' imprisonment, or a fine.
According to Article 282 of the Criminal Code, 'Raising hates or hostility, or equally humiliation of human dignity':[79][80]
Actions aimed at the incitement of hatred or enmity, as well as the humiliation of a person or group of persons on grounds of sex, race, nationality, language, origin, attitude to religion, as well as affiliation to any social group, committed publicly or with the use of media or information and telecommunication networks, including the network "Internet" shall be punished by a fine of 300,000 to 500,000 rubles or the salary or other income for a period of 2 to 3 years, or community service for a period of 1 year to four years, with disqualification to hold certain positions or engage in certain activities up to 3 years, or imprisonment for a term of 2 to 5 years.
TheSerbian constitution guaranteesfreedom of speech, but restricts it in certain cases to protect the rights of others. The criminal charge of "Provoking ethnic, racial and religion based animosity and intolerance" carries a minimum six months prison term and a maximum of ten years.[81]
Singapore has passed numerous laws that prohibit speech that causes disharmony among various religious groups. TheMaintenance of Religious Harmony Act is an example of such legislation. The Penal Code criminalizes the deliberate promotion by someone of enmity, hatred or ill will between different racial and religious groups on grounds of race or religion. It also makes it an offence for anyone to deliberately wound the religious or racial feelings of any person.[82]
InSouth Africa, hate speech (along with incitement to violence and propaganda for war) is specifically excluded from protection of free speech in theConstitution. ThePromotion of Equality and Prevention of Unfair Discrimination Act, 2000 contains the following clause:
No person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to be hurtful, be harmful or to incite harm, promote or propagate hatred.[83]
The "prohibited grounds" include race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
The crime ofcrimen injuria ("unlawfully, intentionally and seriously impairing the dignity of another")[84] may also be used to prosecute hate speech.[85]
In 2011, a South African court bannedDubula iBhunu (Shoot the Boer), a derogatory song that degraded Afrikaners, on the basis that it violated a South African law prohibiting speech that demonstrates a clear intention to be hurtful, to incite harm, or to promote hatred.[86]
Prevention and Combating of Hate Crimes and Hate Speech Act, 2023 "aims to address racism, racial discrimination, xenophobia and discrimination based on gender, sex, sexual orientation and other issues, by providing an offence of hate crime. It includes controversial provisions that criminalize hate speech in ways that could be used to impermissibly restrict the right to freedom of expression".[87]
The SpanishCódigo Penal has article 510, which forbids ill-intended speech against individuals but has been criticized for its vague interpretation.[88] In addition to this specific offence included in the Special Part of the Criminal Code, there exists a generic aggravating circumstance that may be applied to all offences (including slander and defamation) when they are motivated by hatred or discriminatory bias (article 22.4ª of the SpanishCódigo Penal).[89] Besides those hate speech crimes, Spain also tackles hate speech through non criminal laws, such as article 23 of the Law 19/2007, against violence, racism, xenophobia and intolerance in sports.[90]
The organisation tasked with enforcing hate speech related crimes is theCommittee on the Elimination of Racial Discrimination (Comité para la Eliminación de la Discriminación Racial).[dubious –discuss] This committee is directed by the International Convention on the Elimination of All Forms of Racial Discrimination (Convención Internacional sobre la Eliminación de todas las Formas de Discriminación Racial).[91] In an article published in 2011, it showed concerns about the persistence of stereotypical and unhealthy racial attitudes towardsmaghrebi andLatino communities living in Spain.[92] The committee has urged theGovernment to take action by creating a national strategy in order to combat racism, xenophobia and their social consequences.
Sweden prohibits hate speech, and defines it as publicly making statements that threaten or express disrespect for an ethnic group or similar group regarding their race, skin colour, national or ethnic origin, faith, or sexual orientation.[93][94] The law does not prohibit a pertinent and responsible debate (en saklig och vederhäftig diskussion), nor statements made in a completelyprivate sphere.[95] There are constitutional restrictions pertaining to which acts are criminalized, as well as limits set by theEuropean Convention on Human Rights.[96] The crime is calledhets mot folkgrupp in Swedish, which directly translates toIncitement (of hatred/violence) towards population group. Since 2024 the crime also coversgenocide denial and denial of some otherinternational crimes.[97]
The sexual orientation provision, added in 2002,[98] was used to convictPentecostal pastorÅke Green of hate speech based on a 2003 sermon. His conviction was later overturned.[96][99]
InSwitzerland public discrimination or invoking to rancor against persons or a group of people because of their race or ethnicity is penalized with a term of imprisonment of up to three years or a fine. In 1934, the authorities of theBasel-Stadtcanton criminalized anti-Jewish hate speech, e.g. the accusation ofritual murders, mostly in reaction against a pro-Nazi antisemitic group and newspaper, theVolksbund.[100]
InGeneva, a new constitution article banning the use of hate symbols, emblems, and other hateful images was passed in June 2024 in reaction to their use by populist movements.[101]
According toTaipei Times, "Taiwan does not have laws regulating hate speech like those in Canada and other countries". Taiwan law criminalizes defamation against a specific person, but has no law against offensive speech directed against groups of people.[102][103]
I."Constitution of Ukraine" :
The most important body of law inUkraine, theConstitution of Ukraine, guarantees protection against hate crimes
Article 24: "There can be no privileges or restrictions on the grounds of race, color of the skin, political, religious or other beliefs, sex, ethnic or social origin, property status, place of residence, language or other grounds."
Article 37: "The establishment and activity of political parties and public associations are prohibited if their program goals or actions are aimed at ...the propaganda of war and of violence, the incitement of inter-ethnic, racial, or religious enmity, and the encroachment on human rights and freedoms and the health of the population".[104]
II."CRIMINAL CODEX OF UKRAINE":
In Ukraine, all criminal punishments for crimes committed under the law are required to be registered in only one body of law, the "Criminal Codex of Ukraine".
In many articles of the criminal law discussing general crimes, the penalties may be increased if in the circumstances of the crimes in question they are also found to be hate crimes. There are also separate articles on punishment for hate crimes.
"CRIMINAL CODEX OF UKRAINE" :
Article 161: "Violations of equality of citizens depending on their race, nationality, religious beliefs, disability and other grounds
1. Intentional acts aimed at incitement to national, racial or religious hatred and violence, to humiliate national honor and dignity, or to repulse citizens' feelings due to their religious beliefs,
as well as direct or indirect restriction of rights or the establishment of direct or indirect privileges citizens on the grounds of race, color, political, religious or other beliefs, sex, disability, ethnic or social origin, property status, place of residence, language or other grounds"(Maximum criminal sentence of up to 8 years in prison)
Article 300 : "Importation, manufacture or distribution of works promoting a cult of violence and cruelty, racial, national or religious intolerance and discrimination." (Maximum criminal sentence of up to 5 years in prison)[105]
In the UAE insulting Islam and certain types of hate speech are punishable by imprisonment and/or fines.[106]
TheUnited Kingdom, being a devolved union of four different nations (England, Northern Ireland, Scotland, and Wales) includes various different laws relating to hate speech.
England and Wales
InEngland and Wales, statues which criminalise hate-speech are often found under thePublic Order Act 1986 and subsequent amendments made to said act, under both theCriminal Justice and Public Order Act 1994, theRacial and Religious Hatred Act 2006, and theCriminal Justice and Immigration Act 2008.
TheFootball Offences Act 1991 (amended by the Football (Offences and Disorder) Act 1999) also prohibits indecent or racialist chanting at designated football matches.
Outside of the criminal law, police officers in England and Wales are also given the ability to record ‘non-crime hate incidents’, in which the police are granted the ability to keep records on instances of non-criminal behaviour (including speech), where an incident or alleged incident, is perceived by a person other than the subject to be motivated - wholly or partly - by hostility or prejudice towards persons with a particular characteristic.[107]
Protected characteristics include a persons race or perceived race, religion or perceived religion, sexual orientation or perceived sexual orientation, disability or perceived disability and or transgender identity or perceived transgender identity.
Several statutes criminalize hate speech against several categories of people. The laws forbid communication that is hateful, threatening, or abusive, and targets a person on account of disability, ethnic or national origin, nationality (including citizenship), race, religion, sexual orientation, or skin colour. The penalties for hate speech include fines, imprisonment, or both.[108][109][110][111][112][113][114][excessive citations]
Scotland
In Scotland, laws relating to hate-speech can be found under theHate Crime and Public Order (Scotland) Act 2021 (which came into force on 1 April 2024), as well as various other provisions.
Legislation against Sectarian hate in Scotland, which is aimed principally at football matches,[citation needed] does not criminalise jokes about people's beliefs, nor outlaw "harsh" comment about their religious faith.[115]
The United States does not have hate speech laws, because theU.S. Supreme Court has repeatedly ruled that laws criminalizing hate speech violate the guarantee tofreedom of speech contained in theFirst Amendment to the U.S. Constitution.[116] There are categories of speech that are not protected by the First Amendment, such asspeech that calls for imminent violence upon a person or group.
Proponents of hate speech legislation in the United States have argued that freedom of speech undermines the14th Amendment's purpose of guaranteeing equal protection under the law.[117]
1. Действия, направленные на возбуждение ненависти либо вражды, а также на унижение достоинства человека либо группы лиц по признакам пола, расы, национальности, языка, происхождения, отношения к религии, а равно принадлежности к какой-либо социальной группе, совершённые публично или с использованием средств массовой информации либо информационно-телекоммуникационных сетей, в том числе сети «Интернет» [...]
