Hate speech is public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual 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]
See main article: Hate speech laws in Australia. 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 10,000,000 Dinars.
See main article: Belgian Anti-Racism Law and Belgian Holocaust denial law. The Belgian Anti-Racism Law, in full, the Law of 30 July 1981 on the Punishment of Certain Acts inspired by Racism or Xenophobia, is a law against hate speech and discrimination that the Federal Parliament of Belgium passed in 1981. It made certain acts motivated by racism or xenophobia illegal. It is also known as the Moureaux Law.
The Belgian Holocaust denial law, passed on 23 March 1995, bans public Holocaust denial. Specifically, the law makes it illegal to publicly "deny, play down, justify or approve of the genocide committed by the Nazi German regime during the Second World War." Prosecution is led by the Belgian Centre for Equal Opportunities. The offense is punishable by imprisonment of up to one year and fines of up to €3,500.
In Brazil, according to the 1988 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]
See main article: Hate speech laws in Canada. In Canada, advocating genocide against any "identifiable group" is an indictable offence under the Criminal 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 was R 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 or expression or mental or physical disability".[10]
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.[11] There is also a rule increasing the penalties for crimes motivated by discriminatory hatred.
The Croatian Constitution guarantees freedom 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."[12]
See main article: Hate speech laws in Denmark. Denmark prohibits hate speech, and defines it as publicly making statements by which a group is threatened (Danish: trues), insulted (Danish: forhånes) or degraded (Danish: nedværdiges) due to race, skin colour, national or ethnic origin, faith or sexual orientation.[13]
Estonia has not enacted any criminal legislation regarding hate speech.[14]
In November 2020, the European Union started infringement proceedings against Estonia because it had not adopted laws against hate speech.[15]
In December 2020, the Estonian Parliament voted to reject a bill submitted by the Reform Party to criminalize hate speech.[16]
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.[17] 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.[18]
The Council of Europe sponsored "No Hate Speech"[19] movement actively raises awareness about hate speech, in order to help combat the problem. While Article 10 of the European Convention on Human Rights does not prohibit criminal laws against revisionism such as denial or minimization of genocides or crimes against humanity, as interpreted by the European 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.[20] 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.[21]
A growing awareness of this topic has resulted from educational programs in schools, which has enhanced reporting of hate speech incidences.[22] The Council of Europe also created the European Commission against Racism and Intolerance, which has produced country reports and several general policy recommendations, for instance against antisemitism and intolerance against Muslims.
There has been considerable debate over the definition of "hate speech" (vihapuhe) in the Finnish language.[23] [24] 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 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 as incitement to genocide).[25]
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 the Finns Party Jussi Halla-aho, consider the term "hate speech" problematic because of the disagreement over its definition.
See main article: Hate speech laws in France. 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, specific religion, sex, sexual orientation, or handicap. The law prohibits declarations that justify or deny crimes against humanity—for example, the Holocaust (Gayssot Act).[26]
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.[27] On 18 June 2020, the French Constitutional Council rejected most of the draft law.[28]
In Germany, Volksverhetzung ("incitement to hatred") is a punishable offense under Section 130 of the Strafgesetzbuch (Germany's criminal code) and can lead to up to five years' imprisonment.[29] 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".[30] 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 sentiment was expressed in German writing or speech and made accessible in Germany (German criminal code's Principle 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".[31]
In Iceland, 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:[32]
See main article: Hate speech laws in India. 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."[33] 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".[34]
Indonesia has been a signatory to the International 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.[35] 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.[36]
The Constitution of Ireland guarantees Irish 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 an offence".[37] 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 of the travelling community or sexual orientation".[38] The first conviction was in 2000, of a bus driver who told a Gambian passenger "You should go back to where you came from".[39] 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".[40] Frustration at the low number of prosecutions (18 by 2011) was attributed to a misconception that the law addressed hate crimes more generally as opposed to incitement in particular.[41] In 2013 the Constitutional Convention considered the constitutional prohibition of blasphemy, and recommended replacing it with a ban on incitement to religious hatred.[42] This was endorsed by the Oireachtas,[43] and in 2017 the Fine Gael-led government planned a referendum for October 2018.[44] The referendum passed, with 64.85% of voters in favour of removing the law, a result which the Irish Times described "uniquely unanimous in recent years".[45]
In 2019, a UN rappourteur told Irish representatives at the Committee on the Elimination of Racial Discrimination, meeting at UN Geneva, to introduce new hate crime legislation to combat the low prosecution rate for offences under the 1989 act, particularly for online hate speech. The rapporteur's points came during a rise in anti-immigrant rhetoric and racist attacks in Ireland and were based on recommendations submitted by the Irish Human Rights and Equality Commission and numerous other civil society organisations. Reforms are supported by the Irish Network Against Racism.[46]
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 the Seanad, Ireland's upper house, and the Irish Times reports it is likely to become law in late 2023.[47] [48] It has drawn concern from the Irish Council for Civil Liberties and from across the political spectrum (specifically from Michael McDowell, Rónán Mullen, and People Before Profit), as well as internationally, from business magnate Elon Musk and political activist Donald Trump Jr. 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.
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".[49] Japan became a member of the United Nations International 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.[50]
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.[51] [52] [53] Prime Minister Shinzō Abe and Justice Minister Sadakazu 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.
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 in Kyoto and pay the school 12.26 million yen ($126,400 U.S.) in compensation for protests that took place in 2009 and 2010.[54] [55]
In May 2016 Japan passed a law dealing with hate speech. However, it did not ban hate speech and sets no penalty for committing it.[56]
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.[57]
See also: Blasphemy law in Jordan. Several Jordanian laws seek to prevent the publication or dissemination of material that could provoke strife or hatred:[58]
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".[59]
The Maltese criminal code through Articles 82A-82D prohibits in substance hate speech comprehensively as follows:
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 the prosecution of Geert Wilders, a Dutch Member of Parliament, for breaching articles 137c and 137d.[62] On 23 June 2011, Wilders was acquitted of all charges.[63] 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".[64] The group insulting verdict (article 137c) was upheld by the appeals court in 2020.[65] In 2021, the Supreme Court again upheld the conviction.[66]
New Zealand prohibits "inciting racial disharmony" under the Human Rights Act 1993. Section 61 makes it unlawful to publish or distribute "words which are threatening, abusive, or insulting" or "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, disability, age, political opinion, employment status, family status, and sexual orientation." Section 131 (Inciting Racial Disharmony) lists offences for which "racial disharmony" creates liability.[67] However under the New Zealand Bill of Rights Act 1990 New Zealanders are free "to seek, receive, and impart information and opinions of any kind in any form."[68]
In November 2019, the Nigeria Senate reintroduced a bill that seeks to penalise persons found guilty of hate speech.[69] 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[70]
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.[71] At the same time, the Norwegian 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 the Norwegian Parliament instead voted to slightly strengthen it.[72]
See main article: Hate speech laws in 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.[73]
Article 369 of the Criminal 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':[74] [75]
The Serbian constitution guarantees freedom 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.[76]
Singapore has passed numerous laws that prohibit speech that causes disharmony among various religious groups. The Maintenance 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.[77]
In South Africa, hate speech (along with incitement to violence and propaganda for war) is specifically excluded from protection of free speech in the Constitution. The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 contains the following clause: