Hate speech

By Klaus Döring

In common language, “hate speech” refers to offensive discourse targeting a group or an individual based on inherent characteristics (such as race, religion or gender) and that may threaten social peace.

Generally, however, hate speech is any form of expression through which speakers intend to vilify, humiliate, or incite hatred against a group or a class of persons on the basis of race, religion, skin color, sexual identity, gender identity, ethnicity, disability, or national origin.

Besides fake news, hate speech is the second big problem in social media.

Hate speech promotes hatred or violence against individuals or groups based on certain attributes. It is not protected by freedom of expression and can be lawfully prevented and punished.

Speech that is simply offensive but poses no risk to others is generally NOT considered a human rights violation. Hate Speech becomes a human rights violation if it incites discrimination, hostility or violence towards a person or a group defined by their race, religion, ethnicity or other factors.

Hate speech is any form of incitement, spreading or justification of hate and violence against an individual or a group of people based on certain attributes, such as race, ethnicity, gender, age, sexual orientation, beliefs or health condition.

What can be considered hate speech? There is a fine line between what can and cannot be considered hate speech. Therefore, it is important to carefully distinguish hate speech from other insulting, unpopular or extreme views and expressions. For example, a statement can be contrary to the majority’s opinion, considered offensive and feel hateful, but it might not exactly incite hatred or violence. Read more about how to recognize hate speech.

It has been long overdue, but finally German lawmakers have approved a controversial law that would impose high fines on social media companies like Facebook, Twitter or YouTube for failing to swiftly delete posts deemed to exhibit hate speech.

Under the new legislation, social media companies have 24 hours to remove posts that obviously violate German law and have been reported by other users. In cases that are more ambiguous, Facebook and other sites have seven days to deal with the offending post. If they don’t comply with the new legislation, the companies could face a fine of up to 50 million Euro ($57.1 million).

Skeptics criticize, however, that under the new rules social media managers are the ones who have to decide whether content complies with German law. They also worry that freedom of speech will suffer since, in their opinion, companies are likely to delete many posts just to be on the safe side and avoid fines.

It’s indeed a Landmark legislation in Europe and should be adopted worldwide.

In addition to the strict new rules about deletion, the law forces networks to reveal the identity of those behind the hateful posts and to offer users “an easily recognizable, directly reachable, and constantly available” complaint process for “prosecutable content,” which includes libel, slander, defamation, incitement to commit a crime, hate speech against a particular social group, and threats.

The UN Strategy and Plan of Action on Hate Speech refers to the working definition as: “any kind of communication in speech, writing or behaviour that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion.”

Hate Speech not only affects the dignity and human rights of the individual directly targeted, but also of persons belonging to the same minority or group as those directly targeted.

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