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Where does freedom of speech end and hate speech begin?


In 2016 the European Union and major on-line platforms came to an agreement by adopting a Code of Conduct in regulating on-line hate speech.

Illegal hate speech is defined by the EU as the public incitement to violence or hatred directed to groups or individuals on the basis of certain characteristics, including race, colour, religion, descent and national or ethnic origin.

The EU Commission has perceived on-line hate speech to be a serious challenge that had to be controlled comprehensively by a self-regulatory approach. It concluded that the dissemination of illegal content, including terrorist messages, through on-line platforms such as Facebook, Twitter, etc., created an unsafe environment for users.

Observers have seen that threats, abuse and intimidation on social media can exponentially multiply and be dangerous for targeted individuals and groups. Posts of online hate speech cannot be removed as easily as they spread. A 2016 survey indicated that 75% of those that follow or participate in on-line debate or discussion had either witnessed or been the subject of abuse, threat or hate speech.

EU law deems hate speech, both off- and on-line to be illegal. In the USA, on the other hand, ‘hate speech’ is not a legal term . Most of what would qualify as hate speech in other western countries the US Supreme Court has repeatedly ruled as legally protected free speech under the constitution’s First Amendment. The USA has traditionally referred to its constitution in vigorously protecting free speech. But many restrictions still do exist such as those that incite ‘imminent lawless action’, that censor obscenity, etc.

(Read more: Estonian Life No. 10 2021 paber- and PDF/digi)

Laas Leivat, Toronto


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