A Study on the Criminal Law Improvement Measures for Hate Speech

2021 ◽  
Vol 32 (2) ◽  
pp. 1-30
Author(s):  
Deok Min Moon
Keyword(s):  
Criminal Law ◽  
Hate Speech ◽  
Improvement Measures

scholarly journals Sexual Orientation and Gender Identity as Penalizing Criteria of Hate Speech

2020 ◽  
Vol 40 (1) ◽  
pp. 91-108
Author(s):  
Filip Mateusz Ciepły
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Supreme Court ◽  
Criminal Law ◽  
Hate Speech ◽  
Criminal Responsibility ◽  
European Law ◽  
Legal Doctrine ◽  
And Gender

The article contains arguments raised in Polish discussion on the problem of sexual orientation and gender identity as penalizing criteria of hate speech. The Author points out regulations of Polish criminal law providing conditions of criminal responsibility for hate speech and binding criteria of the penalization, draft amendments in this area presented in recent years, as well as Polish legal doctrine or Supreme Court reviews referred to the issue. The background of the analyzes are provisions of international and European law as well as selected European states.

scholarly journals Review Of Islamic Law To The Use Of Article 28 Subsection 2 About Speech Hatred And Defamation (UU Number 19 AT 2016 Amendments to UU Number 11 at 2018)

2019 ◽  
Vol 5 (2) ◽  
pp. 355-368
Author(s):  
Arbanur Rasyid
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Criminal Law ◽  
Islamic Law ◽  
Hate Speech ◽  
State Institutions ◽  
History Of ◽  
The Media ◽  
The Law ◽  
The Many

Hate Speech  has recently become a warm conversation, not only in the media, but has begun to be discussed in scientific forums as a result of the many characters who are ensnared by hate speech due to making uploads in Social Media that is considered insulting to other people or state institutions by making a statement containing elements of hate speech in accordance with the criminal threat in Article 28 paragraph 2 of Law number 19 of 2016 amendment to law number 11 of 2008. Long before the law talks about hate speech, Islam through the Qur'an speaks a lot about how God denounces the actions of people who insult, berate, speak ill of others and make hoaxes, and Allah threatens sin for those who do it . Even in the history of Islam through the Prophet Muhammad had given a caning to people who make hoaxes, and the sentence in the Islamic criminal law is called Ta'zir, thus Islam is very careful and highly respects the human rights of a person including in protecting the soul and someone's honor

scholarly journals Politically correct hate speech

2020 ◽  
Vol 82 (3) ◽  
pp. 169-177
Author(s):  
Anna Demenko ◽  
Michał Urbańczyk
Keyword(s):  
Criminal Law ◽  
Social Life ◽  
Political Correctness ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Criminal Code ◽  
Criminal Behaviour ◽  
High Ranking ◽  
The Right ◽  
New Democracy

In the paper we discuss the reasons behind a specific permissiveness of the Polish judicial authorities with regard to hate speech. Hate speech is criminalized by various provisions of the Polish Criminal Code. But as conducted surveys and statistics show, these regulations do not seem to be used adequately. The acceptance of hate speech does not necessarily result from the fact that we are a less tolerant society, but also to a large extent, from the fact that the scope of what is allowed to be said, especially publicly, is in Poland very broad. Paradoxically, it seems that in this ‘new democracy’ there is more freedom of speech than in Western countries, where political correctness plays a very important role in public and social life. The lack of responsibility that goes with freedom of speech and of boundaries on what might be expressed in public, the scurrilous language used also by high-ranking officials, influence the rules of socially acceptable behaviour. These rules also influence the scope of what is considered criminal behaviour. When tackling the problem of the acceptance of hate speech, it is also very important to remember that legal acts, especially criminal law, might not necessarily be the best way to change the attitudes in a society. Restrictions on freedom of speech might not only have a freezing effect but also be counterproductive – that which it is prohibited to say tends to be said more. The problem is to strike the right balance between those two possible outcomes.

scholarly journals Kebijakan Hukum Pidana Terhadap Kejahatan Cyber Bullying di Indonesia

2019 ◽  
Vol 7 (2) ◽  
pp. 59
Author(s):  
Abdul Sakban ◽  
Sahrul Sahrul ◽  
Andi Kasmawati ◽  
Heri Tahir
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Police Officers ◽  
Industrial Revolution ◽  
Hate Speech ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Cyber Bullying ◽  
Legal Issue ◽  
The Republic

Terjadinya kejahatan tersebut adalah kurangnya kontribusi penegak hukum dalam melakukan pengawasan dilingkungan sekolah, masyarakat, keluarga, dan diri pribadi dalam melakukan interaksi baik di media online maupun offline. Selain itu, kurangnya pemahaman aparat kepolisian dalam mengimplementasikan esensi Surat Edaran Hate Speech Republik Indonesia, Kitab Undang-Undang Hukum Pidana (KUHP). Tujuan yang akan dicapai dalam artikel ini adalah kebijakan hukum pidana terhadap kejahatan cyber-bullying di Indonesia, dan kebijakan hukum kriminal untuk era revolusi industri 4.0 dalam menyelesaikan kejahatan cyber-bullying. Penelitian ini menggunakan penelitian yuridis normative yang bersifat kualitatif. Pengumpulan bahan-bahan hukum dilakukan dengan mengidentifikasi dan menginventarisasi peraturan perundang- undangan, meneliti bahan pustaka, dan sumber-sumber bahan hukum lainnya. Teknik analisis isu hukum (legal issue) dalam penelitian ini menggunakan logika berpikir campuran. Maksudnya penalaran (hukum) yang merupakan gabungan dari pola pikir induktif (inductive) dan deduktif (deductive) dalam persoalan hukum faktual yang konkrit. Hasil penelitian menunjukkan bahwa kebijakan hukum pidana dalam menyelesaikan kejahatan cyber-bullying dapat terapkan oleh aparat penegak hukum berupa KUHP dan Undang-Undang No. 8 Tahun 2018 tentang Informasi Teknologi Elektronik dengan melihat isi penjelasan pasal demi pasal dan konten kejahatan yang dilakukan oleh pelaku. Kebijakan hukum Pidana di era revolusi industry 4.0 tetap mengacu pada aturan yang berlaku di Indonesia. The occurrence of such crimes is the lack of law enforcement contributions in conducting supervision in school, community, family, and personal self in the interaction of both online and offline media. In addition, the lack of understanding of police officers in implementing the essence of circular Hate Speech of the Republic of Indonesia, the Criminal Code of Law (PENAL). The objectives to be achieved in this article are the policy of criminal law against cyber-bullying crimes in Indonesia, and the policy of criminal law for the era of the 4.0 industrial revolution in resolving cyber-bullying crimes. This research uses normative juridical research that is qualitative. The collection of legal materials is done by identifying and invarizing the legislation, examining the library materials, and other sources of legal materials. Technical analysis of legal issues in this study used mixed-thinking logic. It means reasoning (the law) which is a combination of inductive (inductive) and deductive mindset in the case of a concrete factual law. The results showed that criminal law policies in resolving cyber-bullying crimes could be applied by law enforcement officers in the form of penal CODE and law No. 8 year 2018 on electronic technology information by looking at the contents Article-by-article explanations and crime content committed by the perpetrator. The criminal Law policy in the 4.0 Industrial Revolution era continues to refer to the prevailing rules in Indonesia

scholarly journals Equality, Assurance and Criminalization

2014 ◽  
Vol 27 (1) ◽  
pp. 5-25 ◽  
Author(s):  
Vincent Chiao
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Hate Speech ◽  
Recent Book ◽  
General Argument ◽  
Degree Of Protection ◽  
The Supreme Court ◽  
Alon Harel ◽  
Actual Incidence

The criminal law has at least two goals: to provide a degree of protection to a variety of individual and collective interests, and to communicate to those to whom it applies that those interests are protected. The question I consider is whether the criminal law should be used to advance the second goal independently of its use in advancing the first. Drawing on what I refer to as non-comparative egalitarianism, I argue that it should not. After developing a general argument for this claim, I turn to considering its implications for the criminalization of hate speech, focusing specifically on a line of argument found both in the Supreme Court of Canada’s s.2 jurisprudence as well as Jeremy Waldron’s recent book,The Harm in Hate Speech. I also briefly consider a structurally similar, but broader argument – recently defended by Alon Harel – which suggests that there is a constitutional duty to criminalize conduct that would, if engaged in, interfere with a person’s dominion over how her life goes, regardless of whether criminalization would or would not drive down the actual incidence of the targeted conduct. I claim that egalitarians should not recognize any such duty.

Taking the Bait? Lessons from a Hate Speech Prosecution

2014 ◽  
Vol 30 (01) ◽  
pp. 51-71 ◽  
Author(s):  
Heli Askola
Keyword(s):  
Criminal Law ◽  
Hate Speech ◽  
Political Context ◽  
The Political ◽  
Criminal Process ◽  
Public Figure ◽  
High Profile ◽  
Member Of Parliament

AbstractThis article uses one case study to explore the use of criminal hate speech provisions against populist politicians. In a high-profile Finnish case, a populist politician was found guilty of hate speech after a four-year criminal process. Though the prosecution was ultimately successful, the various problems with the case helped boost the political popularity of the accused who was turned into a well-known public figure and member of Parliament. The case might thus be seen to warn against tackling populist politicians by means of criminal law. However, further analysis of the political context and a comparison with the Dutch prosecution against anti-immigration politician Geert Wilders complicate this conclusion. This article examines the consequences of hate speech prosecutions of politicians and sheds light on the conditions under which they can achieve (some of) their aims. The case also has lessons for other jurisdictions about when hate speech prosecutions of politicians are likely to be successful in terms of countering prejudice and disempowering those who spread it for electoral purposes.

scholarly journals Violent crime, hate speech or terrorism? How Canada views and prosecutes far-right extremism (2001–2019)

2021 ◽  
pp. 147377952199155
Author(s):  
Michael Nesbitt
Keyword(s):  
Violent Crime ◽  
Criminal Law ◽  
Hate Speech ◽  
Far Right ◽  
Canadian Law ◽  
The Media ◽  
The Law

Fifty-six individuals were charged with terrorism between December 2001 when Canada first enacted its antiterrorism criminal offences and December 2019. Not a single such individual was associated with a far-right group or espoused a far-right ideology. Over the same period of time, Canada saw a rise in far-right violence and crime, including several deadly attacks that raised the spectre of terrorism. This article seeks to identify why terrorism has not been associated with the activities of those on the far right, how Canada has prosecuted far-right violence if not for terrorism and what the implications are for Canada’s criminal prosecutions going forward. It finds that since December 2001 all publicly reported hate speech cases and cases where an individual’s sentence was aggravated for hate have involved individuals espousing far-right rhetoric; likewise, all but one case where the media raised the spectre of terrorism but no such charge ensued can be described as being motivated by far-right ideation. In the result, Canadian law punishes more seriously Al-Qaida (AQ)-inspired extremism than far-right extremism, while stigmatizing the former more than the latter. The time has thus come to tackle head-on the concept of ideology in Canadian criminal law, and how the law treats various ideologies.

scholarly journals "The Development of the Hate Speech Regulation in Hungary: from Criminal Law to Civil Law and Media Regulation"

2018 ◽  
Vol 8 ◽  
Author(s):  
Fruzsina Gárdos-Orosz ◽  
Krisztina Nagy
Keyword(s):  
New Media ◽  
Criminal Law ◽  
Media Coverage ◽  
Hate Speech ◽  
Civil Law ◽  
Intervention Threshold ◽  
Media Law ◽  
Criminal Proceedings ◽  
Media Regulation ◽  
The Media

In the Hungarian legal system, the anti-hate speech rules of media law provide an ad-ditional (administrative) proceeding for the media authority in parallel with proceedings under criminal law and civil law. The media authorities, over the past twenty years, have consistently set media law sanctions at a lower intervention threshold than criminal law did, and in many cases, they established media law violation in cases where criminal proceedings for incitement against a community were not initiated or ended in acquittal. The fundamental aim of media law regulation is to shape media content and the edit-ing practices of media players with a view to ensure respect for human dignity, and to prevent media from becoming an ‘amplifier’ of hateful communications. In the first four-teen years of the Hungarian media regulation, the scope of interpretation concerning anti-hate speech media law restrictions developed gradually. The authority reacted not only to individual cases, and individual communications, but also carried out targeted investigations in cases that can be described as a phenomenon in the media coverage. Besides reviewing news and information programmes, it also acted against hateful con-tents of the entertainment programmes. The new media regulation, which entered into force in 2011, partially amended the content of the former anti-hate speech regulation: in addition to the provisions of “incitement to hatred”, the former category of “offending or prejudiced content” was replaced by the prohibition of “exclusion”. The practice of the media authority has not changed as regards the assessment of the media law standard, as the authority has continued to apply it differently from the criminal law standard, con-sidering it as a lower intervention threshold. However, in comparison with pre-2010 practice, the authority initiated considerably fewer proceedings and its approach in terms of law enforcement became less characterised by adjudicating problems that can be de-scribed as phenomenon in the media coverage, no targeted proceedings of this kind were initiated. Its practice can be characterised by a couple of high profile cases with extreme sanctions, which attract great attention. These cases are important as they designate the boundaries of public communications, but in this way, media law measures are not really suitable for making any substantial changes to the characteristics of the media coverage.

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