scholarly journals The Legal Framework on Hate Speech and the Internet Good Practices to Prevent and Counter the Spread of Illegal Hate Speech Online

Author(s):  
Caterina Flick

Hate speech includes all forms of expression which spread, incite, promote or justify hatred towards a person or group. The expansion of the Internet has marked an important change in the phenomenon, insofar as content is no longer mediated by editors. Hate speech based on ethnic, racial and religious hatred is recognized as a violation of the human rights set out by the European and international standards. This is not the case for sexist hate speech, although this difference is not justified by the data. The lack of a shared regulatory definition leads to shortcomings in, or even the complete absence of victim protection. Gender equality and freedom of expression are interconnected: enabling hate speech against women and girls to go unpunished limits women’s freedom of information and deprives society of their voices. The balance must be struck by finding the tools for free speech. An overview of such tools is the goal of this contribution.

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 44
Author(s):  
Saidah Fasihah Binti Che Yussoff ◽  
Rohaida Nordin

<p>Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards.  </p><p><strong>Keywords</strong><strong>:</strong> Expression; Freedom; Expression; Human Right.</p>


2018 ◽  
Vol 28 (7) ◽  
pp. 2335-2338
Author(s):  
Agim Poshka

It is believed that language policies aim to organize, encourage but sometimes even discourage language rights. Although slowly states in the Balkans started to believe that language rights could be used as a tool for creation of social cohesion, there is one aspect of language practice that is ignored but seems to cause quite negative impact, and that is hate speech. This paper investigated modes in which this dangerous tool is harming inter-ethnic and inter-cultural stability in the region. It is a long term interest to the judicial system of every country to limit the negative impact that hate speech has to certain fragile societies. The study also reflects on particular laws that aim to expand the span of freedom of speech and minimize the presence of hate speech in public life. This derogatory behavior can ultimately produce hatred and in some cases even human sacrifices. A definition that is often available in literature regarding hate speech is that “hate speech is an abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation”. In other words the basic concept of using language for solely communicational purpose has switched to use language to insult, intimidate, or threaten a group or an individual and is primarily based on a particular characteristic or disability. In its violent history, Europe has witnessed a considerable number of cases of human rights violations, and recent ones often get the “prefix” of hate speech. Certain domains of public speaking undoubtedly require legal measures and few societies have already designed their legal framework in order to address the issue The conditions have become even more dramatic with the introduction of social media. There are thousands of pages and blogs in which hate speech is expressed publicly. In an article published by the legaldictionary.net it states that with the advent of social media, the issue of offensive and threatening speech has become a global problem”. There are many cases in which hate speech is used as an argument of free speech. The process becomes even more challenging when the officials are expected to draw a line between where free speech ends and hate speech begins. Certain domains of public speaking undoubtedly require legal measures and as a result few societies have designed legal framework in order to address the issue and this study provides different methods and approaches are considered in the process. The study also cites a number of international cases which aim to create a greater picture of these deleterious phenomena and although there are many elements of the ethical and moral dilemma in regards to the freedom of expression it is important that we are aware of the responsibility and the impact we have when using hate speech in any public appearances.


Author(s):  
Samreth Mammoun

In today's globalized society, it is impossible for any country to be isolated and remain disconnected from the information chain. The purpose of this chapter is to highlight the growth of information technology and related laws in Cambodia. Additionally, this chapter gives readers an overview of laws related to information technology, explores how information technologies are transforming Cambodian society, and how the Cambodia government interacts with these technologies. This chapter recommends two main actions that Cambodia can implement to enhance freedom of information: honor the guarantee of freedom of expression by ensuring that Internet filters are not introduced and censorship of critical Websites is not allowed and create a clear legal framework that protects and promotes freedom of expression on the Internet. Limitations on Internet content should only be introduced in accordance with international human rights standards.


2018 ◽  
Vol 28 (7) ◽  
pp. 2335-2338
Author(s):  
Agim Poshka

It is believed that language policies aim to organize, encourage but sometimes even discourage language rights. Although slowly states in the Balkans started to believe that language rights could be used as a tool for creation of social cohesion, there is one aspect of language practice that is ignored but seems to cause quite negative impact, and that is hate speech. This paper investigated modes in which this dangerous tool is harming inter-ethnic and inter-cultural stability in the region. It is a long term interest to the judicial system of every country to limit the negative impact that hate speech has to certain fragile societies. The study also reflects on particular laws that aim to expand the span of freedom of speech and minimize the presence of hate speech in public life. This derogatory behavior can ultimately produce hatred and in some cases even human sacrifices. A definition that is often available in literature regarding hate speech is that “hate speech is an abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation”. In other words the basic concept of using language for solely communicational purpose has switched to use language to insult, intimidate, or threaten a group or an individual and is primarily based on a particular characteristic or disability. In its violent history, Europe has witnessed a considerable number of cases of human rights violations, and recent ones often get the “prefix” of hate speech. Certain domains of public speaking undoubtedly require legal measures and few societies have already designed their legal framework in order to address the issue The conditions have become even more dramatic with the introduction of social media. There are thousands of pages and blogs in which hate speech is expressed publicly. In an article published by the legaldictionary.net it states that with the advent of social media, the issue of offensive and threatening speech has become a global problem”. There are many cases in which hate speech is used as an argument of free speech. The process becomes even more challenging when the officials are expected to draw a line between where free speech ends and hate speech begins. Certain domains of public speaking undoubtedly require legal measures and as a result few societies have designed legal framework in order to address the issue and this study provides different methods and approaches are considered in the process. The study also cites a number of international cases which aim to create a greater picture of these deleterious phenomena and although there are many elements of the ethical and moral dilemma in regards to the freedom of expression it is important that we are aware of the responsibility and the impact we have when using hate speech in any public appearances.


Author(s):  
Samreth Mammoun

In today's globalized society, it is impossible for any country to be isolated and remain disconnected from the information chain. The purpose of this chapter is to highlight the growth of information technology and related laws in Cambodia. Additionally, this chapter gives readers an overview of laws related to information technology, explores how information technologies are transforming Cambodian society, and how the Cambodia government interacts with these technologies. This chapter recommends two main actions that Cambodia can implement to enhance freedom of information: honor the guarantee of freedom of expression by ensuring that Internet filters are not introduced and censorship of critical Websites is not allowed and create a clear legal framework that protects and promotes freedom of expression on the Internet. Limitations on Internet content should only be introduced in accordance with international human rights standards.


Author(s):  
Cherian George

The United States has exceptionally strong Constitutional protections for free speech, but also for religious freedom. This chapter considers how this unique legal framework affects hate spin in the country. It finds that although hate speech can be expressed with a high degree of impunity, strong anti-discrimination laws limit the harms caused by such speech. Hate spin can, nonetheless, succeed in fostering fear and cultivating prejudice against minorities. The chapter examines how a network of anti-Muslim activists have used hate spin to campaign against mosque building, to oppose multi-cultural textbooks, and to introduce legislation protecting states from the fabricated threat of encroaching Muslim law. Beyond their stated goals, which may be frustrated by courts, these campaigns often have the symbolic purpose of spreading Islamophobia.


2019 ◽  
pp. 198-211
Author(s):  
Tamara Amoroso Gonçalves ◽  
Daniela Rosendo

New technologies are changing the way men and women live their lives. As a new communication technology, the Internet can be used to both harm and promote human rights. When it comes to gender relationships, social inequalities might be reflected online, regarding access and the ways technologies are used. Hate speech, porn revenge and other ways to offend women's rights online are discussed, leading to questions related to possible limitations on freedom of expression. This chapter examines legal solutions that have been proposed in Brazil regarding electronic devices and Internet regulation and considers how restrictions on freedom of expression can be addressed in a human rights perspective.


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