Advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence should be prohibited by law.
- Advocacy of national, racial, and religious hatred that constituted incitement to discrimination, hostility, or violence was prohibited by law, and the law was enforced
- Advocacy of national, racial, or religious hatred that constituted incitement to discrimination, hostility, or violence was prohibited by law, and the law was enforced
- Any propaganda for war and any advocacy of national, racial or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, colour, religion, language or national origin shall be considered offences punishable by law.
- Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
- States parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons on one color or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia: (a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another color or ethnic origin, and also provision of any assistance to racist activities including the financing thereof.
- All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
- The Human Rights Council, (…) 15. Stresses the importance of combating advocacy of hatred on the Internet, which constitutes incitement to discrimination or violence, including by promoting tolerance, education and dialogue.
- Member States should: (…) d. ensure that the various forms of hate crime, including acts of violence, hate speech and public incitement to hatred and violence, are prohibited under national law, and take measures to prevent and combat cases of hate crime and hate speech, in particular by carrying out effective investigations with the aim of ending impunity.
- Moreover, some types of hate speech which incite violence or hatred fall under Article 17 of the Convention (prohibition of abuse of rights) and are therefore not afforded protection because their aim is to destroy some of the rights and freedoms set forth in the Convention.
- Violence or the threat of violence, intimidation or harassment, or incitement of such acts through hate speech and aggressive political rhetoric are incompatible with democratic elections.
- In addition to the principles adopted in earlier reports and in keeping with the Guiding Principles on Business and Human Rights, all companies in the ICT sector should: (…) (f) As part of an overall effort to address hate speech, develop tools that promote individual autonomy, security and free expression, and involve de-amplification, de-monetization, education, counter-speech, reporting and training as alternatives, when appropriate, to the banning of accounts and the removal of content.
- For example, it is permissible for States to regulate speech advocating national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.
- United Nations field presences should be aware that whether an expression of incitement to discrimination, hostility or violence is severe enough to amount to a criminal offence depends on whether it fulfils all of the criteria in the six-part threshold test set out in the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, which is a high threshold. The criteria are: (a) the context of the expression; (b) its speaker, (c) their intent; (d) its content and form; (e) its extent and magnitude; and (f) the likelihood, including imminence, of inciting actual action against the target group.
- Certain forms of hate speech may be prohibited under international law, even if they do not reach the above-mentioned threshold of incitement, in specific circumstances. Under article 19 of the International Covenant on Civil and Political Rights, certain types of biased expression may be restricted if such restrictions meet certain strict conditions. Such limitations need to: (a) be provided by law; (b) pursue a legitimate aim, such as the respect of the rights of others, including the right to equality and non-discrimination, or the protection of public order; and (c) be necessary in a democratic society and proportionate (the “three-part test”).
- In keeping with these foundations, and with reference to the rules outlined above, States should at a minimum do the following in addressing online hate speech: (a) Strictly define the terms in their laws that constitute prohibited content under article 20 (2) of the International Covenant on Civil and Political Rights and article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination and resist criminalizing such speech except in the gravest situations, such as advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, and adopt the interpretations of human rights law contained in the Rabat Plan of Action.
- In keeping with these foundations, and with reference to the rules outlined above, States should at a minimum do the following in addressing online hate speech: (...) (b) Review existing laws or develop legislation on hate speech to meet the requirements of legality, necessity and proportionality, and legitimacy, and subject such rule-making to robust public participation.
- In addition to the principles adopted in earlier reports and in keeping with the Guiding Principles on Business and Human Rights, all companies in the ICT sector should: (…) (c) Define the category of content that they consider to be hate speech with reasoned explanations for users and the public and approaches that are consistent across jurisdictions.