Lvova O. L. Hate speech: Theoretical and legal analysis of the concept.
The article deals with the problems of unambiguous definition of the concept of “hate speech”, which is quite new in legal discourse. Studying the criteria for recognizing this phenomenon, there is an existing problem of its identification, which consists in the fact that some consider the legislative consolidation of “hate speech” as a violation of freedom of speech, and others – the protection of a person from manifestations of hostility and discrimination. In this connection, international and Ukrainian legislation is analyzed.
It is emphasized that the term “hate speech” in terms of content is such synonymous concept as xenophobia, which is defined as “hatred of something, someone stranger, someone else. “Based on the philological interpretation of “hate speech” it is determined that this concept in its content expresses the effect of expressing thoughts that are imbued with hatred, hostility, hostility to someone or something that promotes the formation of negative ideological ideas and social sentiment etc. That is, it has negative consequences for a society (an individual or a group of people).
Attention is paid to establishing facts that can be classified as “hate speech”. It is noted that this is complicated by the fact that such statements do not necessarily express “hatred” or emotions. In the case law of the European Court of Justice and other bodies, there are options to find the difference between statements that are at least offensive in nature, but are protected by the right to freedom of expression, and statements that this protection does not apply.
In the Council of Europe’s Recommendation on Hate speech No. 97 (20), “hate speech” is defined as all kinds of expressions that spread racial hatred, xenophobia, anti-Semitism and other forms of hatred caused by intolerance, including in the form of aggressive nationalism and ethnocentrism, discrimination against minorities and hostile attitudes towards them, as well as immigrants.
The right to freedom of expression includes the freedom to observe its views, to receive and impart information and ideas without interference by public authorities and regardless of frontiers. At the same time, the exercise of these freedoms may be subject to such conditions, restrictions or sanctions, which are established by law and are necessary in a democratic society in the interests of national security.
Given these rules, it becomes obvious, in our opinion, that “hate speech”, correct, fair statements that contribute to the detection and prevention of negative or illegal tendencies in public life can not be considered. The oppositions are statements that contradict national interests or threaten national security. This goal of protecting national interests is observed in the content of the term “incitement to hatred”, which is synonymous with the term “hate speech” which we are investigating. In particular, punishment for the specified act is provided for in Article 161 of the Criminal Code of Ukraine. “Violation of equality of citizens depending on their race, nationality, religious beliefs, disability and other grounds”.
Consequently, the language of hostility is a notion of value, since in international law there is no generally accepted concept in this regard. To date, Ukrainian legislation has formed the following signs of “hate speech”, which are differentiated in the Laws of Ukraine “On Information” On printed mass media (press) in Ukraine”.
Key words: hate speech, national security, insult, equality, freedom of speech, values.