Hate speech promotes hatred or violence against individuals or groups based on certain attributes. It is not protected by freedom of expression. This means that the state can lawfully prevent and punish expressions of hate speech.

Definition

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 gender, sexual orientation, race, ethnicity, nationality, language, social status, religion or other beliefs.

There are reasonable doubts about the appropriateness of using the term "race" and derivatives from it ("racial origin", etc.) due to the doubtful scientific justification of the very concept of "race". However, the term "race" is widely used in international law and in the national legislation of Ukraine. The UN definition of racial group is based on the hereditary physical traits often identified with a geographical region, irrespective of linguistic, cultural, national or religious factors.

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.

Hate speech vs Freedom of expression

Hate speech is contrary to the basic values of a democratic society. It invites or justifies intolerance towards certain people on the basis of an idea that these people should be treated less favourably because of certain attributes. Therefore, hate speech is not protected by freedom of expression and in extreme form is a criminal offence which can be lawfully prevented or punished.

About this section

In this section, you can learn about the forms of expression which can be considered to be hate speech, the different kinds of liability and how to complain.

Resources

Last updated 26/09/2023