scholarly journals For a Bottom-Up Approach to the Linguistic and Legal Definition of Hate Speech A Case Study of Offences Against Women

2020 ◽  
Author(s):  
Francesca Ferrucci
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Negative Effects ◽  
Bottom Up ◽  
Distinctive Features ◽  
Legal Definition ◽  
Negative Comments ◽  
Definition Of ◽  
Textual Strategies

In addressing the legal definition of Hate Speech (HS), some important linguistic issues arise: the necessity of semantic precision of normative texts conflicts with the difficulty of tracing distinctive features of the phenomenon; the balancing with freedom of expression poses the question on the boundaries between opinions and verbal violence. Comparative studies on national laws show significant gaps in definitions, highlighting their negative effects. This paper discusses the problem analysing a corpus of 2,720 Facebook negative comments against women with decisional positions in Europe. Recurring textual strategies are identified testing a bottom-up approach, argued as the appropriate method to meet the current research challenges.

scholarly journals The Effects of Media Language Using of Comedian Program Audiences of Kurdish Televisions; BEZMÎ BEZM Program at KurdMax TV As A Case Study

2021 ◽  
Vol 8 (1) ◽  
pp. 144-186
Author(s):  
Shwan Adam Aivas ◽  
Mahabad Kamel Abdulla
Keyword(s):  
Gender Discrimination ◽  
Online Survey ◽  
Media Ethics ◽  
Psychological Violence ◽  
Negative Effects ◽  
The Public ◽  
The Family ◽  
Definition Of ◽  
Effects Of Media

This study is an attempt to evaluate the effects of media language misusing in comedian programs of Iraqi Kurdish televisions. To achieve this goal, the researchers have done an online survey with 145 TV viewers; as well as analyzing the thematic contents of 12 episodes of the BEZMÎ BEZM program on the KurdMax satellite channel.   Based on the research results; media language misusing in the BEZMÎ BEZM program has negative effects on viewers of this program, despite the fact that the majority of opinions agreed on the definition of this satellite as a Kurdish entertainment channel and the rates of views of its main programs "Great". However, they also agreed that this program on the KurdMax satellite channel has become a popular platform for insults, exchange of accusations, and defamation of certain personalities and groups in society, and a reason for sabotaging the Kurdish language and its methods, producing linguistic and psychological violence and highlighting gender discrimination. In addition to sabotaging the public taste of viewers, lack of respect for their needs, delinquency of adolescents, reducing the value of artistic work etiquette and educational foundations, and underestimating the family and Kurdish culture and its peculiarities. As for the topics presented in this program, the main goal is to make viewers laugh only and to achieve this; they do not hesitate to spread market language and archaic and patriarchal cultures, encourage gender differences of men and women, social and sexual taboos, defame personalities, neglect health guidelines, and violate professional media ethics. All of the above; represents the main identity of the BEZMÎ BEZM program on the KurdMax satellite channel. As a final point, this research has recommended the relevant people and bodies to subordinate such programs in order to review its content based on legal and ethical media standards, laws, and rules of the Kurdish language, along with abiding professional art principles.

The Nature of Offence

2021 ◽  
pp. 7-34
Author(s):  
Nicholas Hatzis
Keyword(s):  
Free Speech ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Special Problem ◽  
Free Expression ◽  
Way Of Life ◽  
Narrow Definition ◽  
State Coercion ◽  
Definition Of ◽  
Offensive Speech

The experience of suffering offence relates to a constellation of unpleasant feelings stirred up when one’s expectations of being treated in a certain way are frustrated. This chapter explores how the nature of offence matters for the way the law responds to offensive conduct. Prohibiting speech which offends poses a special problem because it clashes with the free speech principle, i.e. the idea that there is something particularly important in being allowed to speak our minds, which sets free expression apart from a general liberty claim to choose a way of life. It is suggested that when deciding what should count as properly offensive for the purpose of exercising state coercion, only a very narrow definition of offensive speech is compatible with the values underlying freedom of expression. Then, offensive speech is distinguished from hate speech. As the two are morally different, it is inappropriate to borrow arguments from the hate speech debate to justify restrictions on offensive speech.

scholarly journals Ketika Demokrasi Menjadi Ancaman?: Kasus Jerinx dan Refleksi Kritis Bagi Pelaksanaan Demokrasi di Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 98-107
Author(s):  
Fatih Abdulbari
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Interesting Case ◽  
Electronic Transactions ◽  
The Media ◽  
Fundamental Value ◽  
The Times ◽  
The One ◽  
The Right

The most important and fundamental value in democracy is freedom of expression. This freedom is considered a part of human rights and is the most important feature of democracy. In the times, on the one hand, the media to speak out is increasingly numerous and varied, but on the other hand there is a dilemma where this freedom is actually used to sow and spread false information or conspiracy theories without evidence. In addition, the concept of freedom of opinion has not developed much following the latest developments, so this concept is increasingly abstract because there are no clear boundaries for freedom of expression. In Indonesia, the emergence of the Law on Information and Electronic Transactions (UU ITE) is actually used as a threat to criminalize individuals whose opinions are considered to be disturbing and attack others.  The Jerinx case is a very interesting case study of how freedom of opinion has actually created a counterfactual narrative. He was convicted in 2020 for making hate speech on his social media accounts. The ITE Law which allows arrests for expressing opinions is problematic because it clearly contradicts the main principle of democracy, namely freedom of expression. This research will critically examine the Jerinx case from the perspective of democratic values to see and analyze how the right to speak and have an opinion in Indonesia. The extent to which freedom of opinion is actually facilitated is considered not to violate the rights of others, and the extent to which the democratic climate has a place in Indonesia.

scholarly journals But names will never hurt me: Extending hate speech legislation to protect gender and sexual minorities in New Zealand

2021 ◽  
Author(s):  
◽  
Vanessa Haggie
Keyword(s):  
New Zealand ◽  
Sexual Minorities ◽  
Minority Groups ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Minority Group ◽  
Constitutional Rights ◽  
Definition Of ◽  
The Right ◽  
The Voice

<p>Hate speech legislation involves a fundamental conflict with the right to freedom of expression. However, it is a conflict that can be justified in a constitutional framework in which free speech is not paramount and can be balanced against other rights and freedoms. This paper discusses the concept of “hate speech” legislation, the conflict between freedom of expression and hate speech censorship, and ways in which these seemingly-incompatible concepts might be harmonised. It considers, drawing on legislation and case law from other jurisdictions, and in light of the Marriage (Definition of Marriage) Amendment Act 2013, the possibility of extending such legislation to protect gender and sexual minorities in New Zealand, and suggests a potential framework for such legislative change. Any provision concerning hate speech must avoid overreaching into the realm of free expression. As a result, ‘hate speech’ should be clearly defined and narrowly focussed in scope, as words or matter which “exposes or tends to expose to hatred or contempt” the minority group at which the protection is aimed. In New Zealand’s constitutional/rights framework, this limitation on freedom of expression can be justified as reasonable and appropriate. While hate speech legislation does create a conflict with freedom of expression, to protect hate speech at the risk of perpetuating harm, discrimination, marginalisation and silencing is not appropriate. It sends the message that the voice of hate speakers is worth more than that of minorities, and undervalues the dignity and social assurance of those minority groups as valued members of society.</p>

scholarly journals Symbolic consumption and representation of self: a study of interactions in a virtual community of Ubuntu-Br users

2019 ◽  
Vol 17 (spe) ◽  
pp. 717-731
Author(s):  
OSÍRIS LUÍS DA CUNHA FERNANDES ◽  
NELSON DA CRUZ MONTEIRO FERNANDES ◽  
FERNANDO GOMES DE PAIVA JÚNIOR ◽  
ANDRÉ LUIZ MARANHÃO DE SOUZA LEÃO ◽  
MARCONI FREITAS DA COSTA
Keyword(s):  
Operating System ◽  
Research Method ◽  
Virtual Community ◽  
Research Strategy ◽  
The Self ◽  
Symbolic Consumption ◽  
Distinctive Features ◽  
Definition Of ◽  
Virtual Interactions

Abstract This study aims to explain how the symbolic consumption of the Ubuntu operating system is used for the representation of self in interactions in the Ubuntu virtual community from Brazil. We adopted the Goffmanian concept of self, the netnography of communication as the research method, and case study as a research strategy. The paralinguistic, the extralinguistic, and the definition of “I” are aspects used in virtual interactions. They have the linguistic function of corroborating and praising the statements of migration of Windows users to Ubuntu, emphasizing the distinctive features of the concept of Ubuntu, highlighting its expression of shared feelings of love and freedom, as ways of projecting the self of humanity to each other. In the case of the operating system, this characteristic is represented through the provision of support among users at the forum of the virtual community.

scholarly journals CYBERCULTURE AND HATE SPEECH: A CASE STUDY ABOUT THE POLICIES AGAINST HATE SPEECH LEAD BY THE COUNCIL OF EUROPE

2021 ◽  
Vol 6 (6) ◽  
Author(s):  
Luís Cardoso ◽  
Ana Catarina Bruno
Keyword(s):  
Social Networks ◽  
Literature Review ◽  
Hate Speech ◽  
Theoretical Framework ◽  
Council Of Europe ◽  
Art Analysis ◽  
Definition Of ◽  
State Of Art

Social networks are interactive platforms developed to facilitate relations and exchanges of information between people who share the same interests, experiences and opinions (Recuero, 2009). The main goal of this study is to know the definition of cyberculture and cyberspace and understand the phenomenon of hate speech on social networks. The theoretical framework of the article is about the understanding of cyberculture and cyberspace, the evolution of social networks and the definition of hate speech and its targets. Finally, a case study is carried on the combat policies against hate speech lead by the Council of Europe. The methodology will include state of art analysis, literature review and the observation of the Council of Europe website. <p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0810/a.php" alt="Hit counter" /></p>

scholarly journals The Natural Right To Parody: Assessing The (Potential) Parody/Satire Dichotomies In American And Canadian Copyright Laws

2018 ◽  
Vol 35 ◽  
pp. 69-98
Author(s):  
Amy Lai
Keyword(s):  
Free Speech ◽  
Natural Law ◽  
Freedom Of Expression ◽  
Natural Right ◽  
Legal Definition ◽  
The Core ◽  
Copyright Laws ◽  
American Law ◽  
Definition Of ◽  
The Right

This paper argues that the right to expressing oneself through parodies should constitute part of the core freedom of expression of a normative copyright regime. By drawing upon natural law legal theories, the paper proposes a legal definition of parody that would help to bring the copyright jurisprudence of a jurisdiction more in line with its free speech tradition. It argues that a broad parody definition, one that encompasses a great variety of expressive works but would not compete with the original and its derivatives in the market, is preferable to a narrow one. The paper then explains why the parody defence in American law and the parody exception in the Canadian copyright statute should follow the proposed parody definition, which would properly balance the rights of copyright owners with those of users.

Repressive Legalism: How Postsecondary Administrators’ Responses to On-Campus Hate Speech Undermine a Focus on Inclusion

2021 ◽  
pp. 000283122110275
Author(s):  
Liliana M. Garces ◽  
Brianna Davis Johnson ◽  
Evelyn Ambriz ◽  
Dwuana Bradley
Keyword(s):  
Higher Education ◽  
Students Of Color ◽  
Presidential Election ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Public Institution ◽  
University Administrators ◽  
Legal Context ◽  
Embedded Case Study

Guided by legal, sociolegal, and higher education concepts, we use an embedded case study of university administrators at a public institution to examine how they negotiate and institutionalize principles of freedom of expression and inclusion in responses to the proliferation of on-campus hate speech following the 2016 U.S. presidential election. Our findings reveal that an institution's legal context and administrators’ interpretations of law and law-related pressures shape their understanding of hate speech–related incidents, and the permissible responses, in ways that make it nearly impossible to consider and implement inclusion-focused practices. We advance the concept of “repressive legalism” to explain these dynamics and discuss implications for policies and practices that support both open, robust expression and inclusion for students of color.

scholarly journals KAJIAN HUKUM ISLAM TERHADAP UJARAN KEBENCIAN/HATE SPEECH DAN BATASAN KEBEBASAN BEREKSPRESI

2018 ◽  
Vol 5 (2) ◽  
Author(s):  
Yayan Muhammad Royani
Keyword(s):  
Islamic Law ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Public Communication ◽  
Social Approach ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Internet Media ◽  
Race Ethnicity ◽  
Definition Of

ABSTRACTHate speech is a special term for criminal offenses such as hate expression, incitement, libel and defamation on behalf of race, ethnicity, religion, class or gender. That action is flare in public communication, especially in the Internet media. Although there have been various regulations governing, countermeasures against hate speech is not maximized. It could not be separated from the difficulty of determining the boundaries of hate speech with freedom of expression. This study aims to answer these problems in the perspective of Islamic law. The theory used is takzir and Maqasidu al-Syari’ah. The results of this study illustrate that the hate speech is a criminal offense punishable takzir and require a social approach in overcoming it. In the formulation of Islamic law, definition of hate speech is taken from the Korans argument that protect human rights in order to be limiting freedom of expression. Keywords: Speech, Hate, Law, Islam            

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