Hate speech
Encyclopedia
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic.

In law, hate speech is any speech, gesture or conduct, writing, or display which is forbidden because it may incite violence or prejudicial action against or by a protected individual or group, or because it disparages or intimidates a protected individual or group. The law may identify a protected individual or a protected group by race, gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...

, ethnicity, nationality
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....

, religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...

, sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

, gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...

, or other characteristic. In some countries, a victim of hate speech may seek redress under civil law
Civil law (area)
Civil law in continental law is a branch of law which is the general part of private law.The basis for civil law lies in a civil code. Before enacting of codes, civil law could not be distinguished from private law...

, criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

, or both. A website
Website
A website, also written as Web site, web site, or simply site, is a collection of related web pages containing images, videos or other digital assets. A website is hosted on at least one web server, accessible via a network such as the Internet or a private local area network through an Internet...

 that uses hate speech is called a hate site. Most of these sites contain Internet forum
Internet forum
An Internet forum, or message board, is an online discussion site where people can hold conversations in the form of posted messages. They differ from chat rooms in that messages are at least temporarily archived...

s and news
News
News is the communication of selected information on current events which is presented by print, broadcast, Internet, or word of mouth to a third party or mass audience.- Etymology :...

 briefs that emphasize a particular viewpoint. There has been debate over how freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

 applies to the Internet. Conferences concerning such sites have been sponsored by the United Nations High Commissioner for Refugees
United Nations High Commissioner for Refugees
The Office of the United Nations High Commissioner for Refugees , also known as The UN Refugee Agency is a United Nations agency mandated to protect and support refugees at the request of a government or the UN itself and assists in their voluntary repatriation, local integration or resettlement to...

. International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...

 (ICCPR) also states that "any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law". Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Elimination of All Forms of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races...

 as well prohibits all incitement of racism. On May 3, 2011, Michael O'Flaherty
Michael O'Flaherty
Professor Michael O'Flaherty is an Irish academic human rights lawyer and a member since 2004 of the United Nations Human Rights Committee , the expert body that oversees compliance with the International Covenant on Civil and Political Rights...

 with the United Nations Human Rights Committee published General Comment No. 34 on the International Covenant on Civil and Political Rights, which among other comments expresses concern that many forms of "hate speech" do not meet the level of seriousness set out in Article 20.

Critics have argued that the term "Hate Speech" is a modern example of Newspeak
Newspeak
Newspeak is a fictional language in George Orwell's novel Nineteen Eighty-Four. In the novel, it refers to the deliberately impoverished language promoted by the state. Orwell included an essay about it in the form of an appendix in which the basic principles of the language are explained...

, used to silence critics of social policies that have been poorly implemented in a rush to appear politically correct
Politically Correct
Politically Correct may refer to:*Political correctness, language, ideas, policies, or behaviour seeking to minimize offence to groups of people-See also:*Politically Correct Bedtime Stories, book by James Finn Garner, published in 1994...

.

There is an international consensus that hate speech needs to be prohibited by law, and that such prohibitions override or are irrelevant to guarantees of freedom of expression. The United States is perhaps unique among the developed world in that under law hate speech regulation is incompatible with free speech.

Australia

Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

's hate speech laws vary by jurisdiction, and seek especially to prevent victimisation
Victimisation
Victimisation is the process of being victimised or becoming a victim. Research that studies the process, rates, incidence, and prevalence of victimization falls under the body of victimology.-Peer victimisation:...

 on account of race.

Belgium

The Belgian Anti-Racism Law, in full, the Law of July 30, 1981 on the Punishment of Certain Acts inspired by Racism or Xenophobia, is a law against hate speech and discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...

 passed by the Federal Parliament
Belgian Federal Parliament
The Belgian Federal Parliament is a bicameral parliament. It consists of the Chamber of Representatives and the Senate . It sits in the Palace of the Nation .- Chamber of Representatives :...

 of Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...

 in 1981 which made certain acts motivated by racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...

 or xenophobia
Xenophobia
Xenophobia is defined as "an unreasonable fear of foreigners or strangers or of that which is foreign or strange". It comes from the Greek words ξένος , meaning "stranger," "foreigner" and φόβος , meaning "fear."...

 illegal. It is also known as the Moureaux Law
Philippe Moureaux
Philippe Moureaux is a Belgian politician, senator, mayor of Sint-Jans-Molenbeek, and professor of economic history at the Université Libre de Bruxelles....

.

The Belgian Holocaust denial law, passed on March 23, 1995, bans public Holocaust denial
Holocaust denial
Holocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...

. Specifically, the law makes it illegal to publicly "deny, play down, justify or approve of the genocide committed by the German National Socialist
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...

 regime during the Second World War". Prosecution is led by the Belgian Centre for Equal Opportunities
Centre for Equal Opportunities and Opposition to Racism
The Centre for Equal Opportunities and Opposition to Racism , also referred to as Centre for Equal Opportunities and Fight against Racism or translated as Centre for Equal Opportunities and Struggle against Racism The Centre for Equal Opportunities and Opposition to Racism (CEOOR), also referred...

. The offense is punishable by imprisonment of up to one year and fines of up to 2500 EUR
Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...

.

Brazil

In Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...

, according to the 1988 Brazilian Constitution
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...

, racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...

 and other forms of race-related hate speech are "imprescriptible crime(s) with no right to bail to its accused". In 2006, a joint-action between the Federal Police
Brazilian Federal Police
The Polícia Federal is the federal police force of Brazil subordinate to the Ministry of Justice, whose main assignments are the investigations of crimes against the Federal Government or its organs and companies, the combat of international drug trafficking and terrorism, and immigration and...

 and the Argentinian
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...

 police has cracked down several hate-related websites. However, some of these sites have recently reappeared—the users have re-created the same sites on United States' domains. The federal police have asked permission from the FBI to crack down these sites, but the FBI denied, stating that the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

 guarantees the right to any speech, even if it involves racism.

Canada

In Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, advocating genocide or inciting hatred against any 'identifiable group' is an indictable offence under the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...

 with maximum prison terms of two to fourteen years. An 'identifiable group' is defined as 'any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.' It makes exceptions for cases of statements of truth, and subjects of public debate and religious doctrine. The landmark judicial decision on the constitutionality of this law was R. v. Keegstra
R. v. Keegstra
R. v. Keegstra, [1990] 3 S.C.R. 697 is a landmark freedom of expression decision of the Supreme Court of Canada where the Court upheld the Criminal Code of Canada provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional under the freedom of expression...

(1990).

Council of Europe

The Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...

 has worked intensively on this issue. While Article 10 of the European Convention on Human Rights does not prohibit criminal laws against revisionism such as denial or minimization of genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...

s or crimes against humanity, as interpreted by the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

, the Committee of Ministers of the Council of Europe went further and recommended to member governments to combat hate speech under its Recommendation R (97) 20. The Council of Europe also created the European Commission against Racism and Intolerance
European Commission against Racism and Intolerance
European Commission against Racism and Intolerance is the Council of Europe’s independent human rights monitoring body specialised in combating racism, racial discrimination, xenophobia, antisemitism and intolerance. It consists of 47 experts, one from every CoE member state. ECRI publishes...

, which has produced country reports and several general policy recommendations, for instance against anti-Semitism
Anti-Semitism
Antisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...

 and intolerance
Intolerance
-Medical/biological:*Intolerance, a synonym of sensitivity **Drug intolerance**Food intolerance**Lactose intolerance**Hereditary fructose intolerance**Sucrose intolerance**Lysinuric protein intolerance**Citric acid intolerance...

 against Muslims.

Croatia

Croatian constitution guarantees freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

, but Croatian penal code prohibits and punishes anyone "who based on differences of race, religion, language, political or any other belief, wealth, birth, education, social status or other properties, gender, skin color, nationality or ethnicity violates basic human rights and freedoms recognized from international community".

Denmark

Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...

 prohibits hate speech, and defines it as publicly making statements that threaten, ridicule or hold in contempt a group due to race, skin colour, national or ethnic origin, faith or sexual orientation.

Finland

There has been considerable debate over the definition of "hate speech" (vihapuhe) in the Finnish language.

If "hate speech" is taken to mean ethnic agitation, it is prohibited in Finland and defined in the section 11 of the penal code, War crimes and crimes against humanity, as publishing a fact, an opinion or other statement that threatens or insults a group on basis of race, nationality, ethnicity, religion or conviction, sexual orientation, disability, or any comparable basis. Ethnic agitation is punishable with a fine or up to 2 years in prison, or 4 months to 4 years if aggravated (such as incitement
Incitement
In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime....

 to genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...

).

Critics claim that, in political contexts, labeling certain opinions and statements "hate speech" can be used to silence unfavorable or critical opinions and play down debate. Certain politicians, including Member of Parliament Jussi Halla-aho
Jussi Halla-aho
Jussi Kristian Halla-aho is a Finnish Slavic linguist, blogger and a politician for the True Finns party who has become well known for his essays criticising the humanitarian immigration and multiculturalism policies adopted in Finland.According to the newspaper Aamulehti, he is the best-known...

, consider the term "hate speech" problematic because of the lack of an easy definition.

France

France prohibits by its penal code and by its press laws public and private communication which is defamatory or insulting, or which incites discrimination, hatred, or violence against a person or a group of persons on account of place of origin, ethnicity or lack thereof, nationality, race, specific religion, sex, sexual orientation, or handicap. The law prohibits declarations that justify or deny crimes against humanity, for example, the Holocaust (Gayssot Act).

Germany

In Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

, Volksverhetzung
Volksverhetzung
Volksverhetzung is a concept in German criminal law that bans the incitement of hatred against a segment of the population. It often applies in, though it is not limited to, trials relating to Holocaust denial in Germany...

 ("Sedition") is a punishable offense under Section 130 of the Strafgesetzbuch
Strafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...

 (Germany's criminal code) and can lead to up to five years imprisonment. 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". 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. the seditious
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...

 sentiment was expressed in German writ or speech and made accessible in Germany (German criminal code's Principle of Ubiquity
Principle of Ubiquity
In German criminal code, Principle of Ubiquity, states that the crime is considered to have occurred in the place of the action of the perpetrator or in the place where the harm occurred...

, Section 9 §1 Alt. 3 and 4 of the Strafgesetzbuch).

Iceland

In Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...

, 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 simply expressing such hatred publicly:

Anyone who in a ridiculing, slanderous, insulting, threatening or any other manner publicly assaults a person or a group of people on the basis of their nationality, skin colour, race, religion or sexual orientation, shall be fined or jailed for up to 2 years. (The word "assault" in this context does not refer to physical violence, only to expressions of hatred.)

India

India prohibits any manner of expression which someone might consider insulting to his religion or which for whatever reason might disturb public tranquility. Under article 19(2) of the constitution of India certain reasonable restrictions have been imposed on the right of freedom of speech and expression such as sovereignty and integrity of India, the security of the state, friendly relations with the foreign states, public order, decency and morality or in relation to contempt of court, defamation or incitement to an offense.Citation needed|date=June 2011}}

Ireland

In Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

, the right to free speech is guaranteed under the Constitution (Article 40.6.1.i), however, this is only an implied right provided that liberty of expression "shall not be used to undermine public order or morality or the authority of the State". The Prohibition of Incitement to Hatred Act 1989, proscribes words or behaviours which are "threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred" against "a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation."

Jordan

In 2006, two Jordanian newspaper editors were jailed for two months after being found guilty of "attacking religious sentiment." The editors had reprinted cartoons from the Danish newspaper Jyllands-Posten
Jyllands-Posten Muhammad cartoons controversy
The Jyllands-Posten Muhammad cartoons controversy began after 12 editorial cartoons, most of which depicted the Islamic prophet Muhammad, were published in the Danish newspaper Jyllands-Posten on 30 September 2005...

.

Netherlands

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:
  • Article 137c: He who publicly, orally, in writing or graphically, intentionally expresses himself insultingly regarding a group of people because of their race, their religion or their life philosophy, their heterosexual or homosexual orientation or their physical, psychological or mental disability, shall be punished by imprisonment of no more than a year or a monetary penalty of the third category.
  • Article 137d: He who publicly, orally, in writing or graphically, incites hatred against, discrimination of or violent action against person or belongings of people because of their race, their religion or their life philosophy, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental disability, shall be punished by imprisonment of no more than a year or a monetary penalty of the third category.


In January 2009, a court in Amsterdam ordered the prosecution of Geert Wilders
Geert Wilders
Geert Wilders is a Dutch right-wing politician and leader of the Party for Freedom , the third-largest political party in the Netherlands. He is the Parliamentary group leader of his party in the Dutch House of Representatives...

, a Dutch Member of Parliament, for breaching articles 137c and 137d. On 23 June 2011, Wilders was acquitted of all charges.

New Zealand

New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...

 prohibits hate speech under the Human Rights Act 1993. Section 61 (Racial Disharmony) makes it unlawful to publish or distribute "threatening, abusive, or insulting...matter or words likely to excite hostility against or bring into contempt any group of persons...on the ground of the colour, race, or ethnic or national or ethnic origins of that group of persons." Section 131 (Inciting Racial Disharmony) lists offences for which "racial disharmony" creates liability.

Norway

Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...

 prohibits hate speech, and defines it as publicly making statements that threaten or ridicule someone or that incite hatred, persecution or contempt for someone due to their skin colour, ethnic origin, homosexual life style or orientation or, religion or philosophy of life.

Poland

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.

Serbia

The Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...

n constitution guarantees freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

, but declares that it may be restricted by law to protect rights and respectability of others. Because of inter ethnic conflicts during last decade of 20th century, Serbian authorities are very rigorous about ethnic, racial and religion based hate speech. It is processed as "Provoking ethnic, racial and religion based animosity and intolerance" criminal act, and punished with six months to ten years of imprisonment.

Singapore

Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...

 has passed numerous laws that prohibit speech that causes disharmony among various religious groups. The Maintenance of Religious Harmony Act
Maintenance of Religious Harmony Act
The Maintenance of Religious Harmony Act is a Singapore statute which, according to its long title, provides for the maintenance of religious harmony, for the establishment of a Presidential Council for Religious Harmony , and for matters connected therewith...

 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.

South Africa

In South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...

, hate speech (along with incitement to violence and propaganda for war) is specifically excluded from protection of free speech in the Constitution
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...

. The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 contains the following clause:

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 of crimen injuria
Crimen injuria
Crimen injuria is a crime under South African common law, defined to be the act of "unlawfully, intentionally and seriously impairing the dignity of another." Although difficult to precisely define, the crime is used in the prosecution of certain instances of road rage, stalking, racially...

("unlawfully, intentionally and seriously impairing the dignity of another") may also be used to prosecute hate speech.

Sweden

Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....

 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. The crime doesn't prohibit a pertinent and responsible debate (en saklig och vederhäftig diskussion), nor statements made in a completely private sphere
Private sphere
The private sphere is the complement or opposite to the public sphere. The private sphere is a certain sector of societal life in which an individual enjoys a degree of authority, unhampered by interventions from governmental or other institutions. Examples of the private sphere are family and home...

.. There are constiutional restrictions pertaining to which acts are criminalized, as well limits set by the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...

..

The sexual orientation provision, added in 2002, was used to convict Pentecostalist pastor Åke Green
Åke Green
Åke Green , born 3 June 1941, is a Swedish Pentecostal Christian pastor who was prosecuted, but acquitted, under Sweden's law against hate speech because of critical opinions on homosexuality in his sermons. The district court found him guilty and sentenced him to one month in prison. The sentence...

 of hate speech based on a 2003 sermon. His conviction was later overturned.

Switzerland

In Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....

 public discrimination or invoking to rancor against persons or a group of people because of their race, ethnicity, is getting penalized with a term of imprisonment until 3 years or a mulct. In 1934, the authorities of the Basel-Stadt canton criminalized anti-Jewish hate speech, e.g. the accusation of ritual murders, mostly in reaction against a pro-nazi antisemitic group and newspaper, the Volksbund.

Thailand

In Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...

 hate speech (การพูดซึ่งมีเจตนาทางเกลียดชัง) is formally prohibited in civil and criminal statutes, but state machinery and society as a whole generally do little to prevent it or prosecute parties promoting or engaging in hate speech. While the Thai State offers recourse in the courts to obtain satisfaction after the fact, Thai authorities, NGOs and others generally offer little or no protection in preventing hate speech. The country's strict defamation laws are more designed to protect reputations and the institution of the monarchy and not to protect individuals or groups in freely exercising legitimate rights.

United Kingdom

In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, several statutes protect several categories of persons from hate speech. The statutes forbid communication which is hateful, threatening, abusive, or insulting and which targets a person on account of skin colour, race, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation. The penalties for hate speech include fines, imprisonment, or both.

United States

Laws prohibiting hate speech are unconstitutional in the United States, outside of obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...

, defamation
Slander and libel
Defamation—also called calumny, vilification, traducement, slander , and libel —is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image...

, incitement to riot
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...

, and fighting words
Fighting words
Fighting words are written or spoken words, generally expressed to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction...

. The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 federal government and state governments are broadly forbidden by the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

 of the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

 from restricting speech.

The "reason why fighting words are categorically excluded from the protection of the First Amendment is not that their content communicates any particular idea, but that their content embodies a particularly intolerable (and socially unnecessary) mode of expressing whatever idea the speaker wishes to convey." Even in cases where speech encourages illegal violence, instances of incitement qualify as criminal only if the threat of violence is imminent. This strict standard prevents prosecution of many cases of incitement, including prosecution of those advocating violent opposition to the government, and those exhorting violence against racial, ethnic, or gender minorities.

Under Title VII of the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...

, employers may sometimes be prosecuted for tolerating "hate speech" by their employees, if that speech contributes to a broader pattern of harassment resulting in a "hostile or offensive working environment" for other employees.

In the 1980s and 1990s, more than 350 public universities adopted "speech code
Speech code
A speech code is any rule or regulation that limits, restricts, or bans speech beyond the strict legal limitations upon freedom of speech or press found in the legal definitions of harassment, slander, libel, and fighting words. Such codes are common in the workplace, in universities, and in...

s" regulating discriminatory speech by faculty and students. These codes have not fared well in the courts, where they are frequently overturned as violations of the First Amendment. Debate over restriction of "hate speech" in public universities has resurfaced with the adoption of anti-harassment codes covering discriminatory speech.

Hate speech in media

In 1993 the National Telecommunications and Information Administration
National Telecommunications and Information Administration
The National Telecommunications and Information Administration is an agency of the United States Department of Commerce that serves as the President's principal adviser on telecommunications policies pertaining to the United States' economic and technological advancement and to regulation of the...

 (NTIA) released a report titled “The Role of Telecommunications in Hate Crimes.” This report gave one of the first definitions by government on hate speech. According to NTIA hate speech is:
  • Speech that advocates or encourages violent acts or crimes of hate.
  • Speech that creates a climate of hate or prejudice, which may in turn foster the commission of hate crimes.

NTIA 1993 Report

In 1992, Congress directed the National Telecommunications and Information Administration (NTIA) to examine the role of telecommunications, including broadcast radio and television, cable television, public access television, and computer bulletin boards, in advocating or encouraging violent acts and the commission of hate crimes against designated persons and groups. The NTIA study investigated speech that fostered a climate of hatred and prejudice in which hate crimes may occur. Study findings revealed only a few instances during the past decade in which broadcast facilities were used to spread messages of hate and bigotry. In two such instances, radio broadcasts arguably urged an audience to commit hate-motivated crimes. In other instances, radio broadcast licensees aired programming that evidenced prejudice. A few highly publicized cable television programs promoted messages of hate and bigotry. In some cases, cable programming stirred community reaction and was followed by counterprogramming. During the 1980s, computer bulletin boards were established by various white supremacist and neo-Nazi groups, but many fell into disuse later in the decade. The study also found that hate "hotlines" are used to deliver recorded messages of bigotry and prejudice and that telephones can be used to intimidate, threaten, and harass individuals and organizations. NTIA's research suggests that hate messages represent a very small percentage of electronic communications media and that the best response is public education rather than government censorship and regulation. Legal remedies involving the use of telecommunications to commit or encourage hate crimes are discussed, as well as technologies that can protect or empower targets of hate speech. A list of commenters is appended. 285 footnotes

In January, 2009, the National Hispanic Media Coalition
National Hispanic Media Coalition
National Hispanic Media Coalition is a non-partisan, media advocacy and civil rights organization in the United States that represents the interests of Latinos and other people of color in the media and telecommunications industries.-Mission:...

 (NHMC), a not for profit organization with a mission to improve the image of American Latinos as portrayed by the media, unveiled a three prong strategy to address the issue of hate speech in media. 1) NHMC filed a petition for inquiry into hate speech with the Federal Communications Commission (FCC). The petition urges the Commission to examine the extent and effects of hate speech in media, including the likely link between hate speech and hate crimes, and to explore non-regulatory ways in which to counteract its negative impacts. 2) NHMC asked the National Telecommunications and Information Administration (NTIA) to update its 1993 report “The Role of Telecommunications in Hate Crimes”; 3) NHMC collaborated with the UCLA/Chicano Research Study Center (CRSC) to produce groundbreaking research on the subject. “Hate Speech on Commercial Radio, Preliminary Report on a Pilot Study” was also released in January, 2009.

“Hate Speech on Commercial Radio” categorized hate speech in four different areas.
  • False facts
  • Flawed argumentation
  • Divisive language
  • Dehumanizing metaphors


In May, 2010 NHMC filed comments in the FCC’s proceeding on the Future of Media and Information Needs of Communities in the Digital Age. Joined by 32 national and regional organizations from throughout the country, the comments ask the FCC to examine hate speech in media. In its comments, NHMC reinforces the need for the FCC to act on NHMC’s petition for inquiry on hate speech in media filed in January 2009.

See also

  • Allport's scale
    Allport's Scale
    Allport's Scale is a measure of the manifestation of prejudice in a society. It is also referred to as Allport's Scale of Prejudice and Discrimination or Allport's Scale of Prejudice. It was devised by psychologist Gordon Allport in 1954 ....

  • Anti-LGBT slogans
  • Ethnic joke
    Ethnic joke
    An ethnic joke is a humorous remark relating to an ethnic, racial or cultural group, often referring to a stereotype of the group in question for its punchline....

  • Freedom of speech
    Freedom of speech
    Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

  • Gay bashing
    Gay bashing
    Gay bashing and gay bullying is verbal or physical abuse against a person who is perceived to be gay, lesbian, bisexual, or transgender . Such abuse is used also to bully heterosexual persons and persons of non-specific or unknown sexual orientation.A "bashing" may be a specific incident, and one...

  • Gregory Stanton's 8 Stages of Genocide
  • Hate crime
    Hate crime
    In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...

  • Hate mail
    Hate mail
    Hate mail is a form of harassment, usually consisting of invective and potentially intimidating or threatening comments towards the recipient...

  • Holocaust denial
    Holocaust denial
    Holocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...

  • Intolerance
    Intolerance
    -Medical/biological:*Intolerance, a synonym of sensitivity **Drug intolerance**Food intolerance**Lactose intolerance**Hereditary fructose intolerance**Sucrose intolerance**Lysinuric protein intolerance**Citric acid intolerance...

  • Personal attack
  • Political correctness
    Political correctness
    Political correctness is a term which denotes language, ideas, policies, and behavior seen as seeking to minimize social and institutional offense in occupational, gender, racial, cultural, sexual orientation, certain other religions, beliefs or ideologies, disability, and age-related contexts,...

  • Race baiting
  • Racism
    Racism
    Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...

  • Volksverhetzung
    Volksverhetzung
    Volksverhetzung is a concept in German criminal law that bans the incitement of hatred against a segment of the population. It often applies in, though it is not limited to, trials relating to Holocaust denial in Germany...


External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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