Prevention of hate speech in the practice of the European Court of Human Rights

• Published in: Megatrend Revija
• Main Author: Kovačević Milica D.
• Format: Article
• Language: English
• Published: Megatrend University 2023-01-01
• Subjects: hate speech; criminal offense; freedom of speech; the european court of human rights
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/1820-3159/2023/1820-31592302079K.pdf

Different types of communication enable an intensive exchange of diverse ideas and content, thereby enabling the development and enrichment of human thought. On the other hand, modern forms of communication additionally increase the risk of violation and endangerment of human rights and freedoms by those who use hate speech. Hence, many international documents are dedicated to defining and preventing hate speech, while various international institutions, including the European Court of Human Rights, try to determine the criteria under which certain restrictions on freedom of speech could be acceptable. Bearing in mind the above, the author has analyzed the cases from the practice of the European Court of Human Rights in order to distinguish the standards which could be applicable in the process of assessment if certain expressions constitute hate speech that should be sanctioned, and also to establish to what extent such standards are applicable in different situations. The author concludes that the formulated standards do have a certain utility value, but that there is still a risk of extensive restriction of freedom of speech.