"En gran parte de América Latina existen normas que buscan regular los actos de discurso, ya sea a través de normativas contra el discurso de odio, o mediante la penalización de los “delitos de honor” (cuyo traslado al ámbito civil y la correspondiente despenalización, dicho sea de paso, es
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tá en mora en gran parte de la región). Resulta dudosa la necesidad de regular el discurso de odio en línea a través de legislación específica que aborde el medio a través del cual se comete, sin haber justificado por qué las normas preexistentes resultan insuficientes para ser análogas al entorno en línea; más aún, resulta preocupante que se regule el discurso de odio en línea a través de normas que consideran que el medio digital debería constituir un agravante, buscando aumentar el tipo y duración de las penas específicamente para las redes sociales." (Conclusiones)
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"The Forum on Information & Democracy proposes a number of policy steps to democratic governments and their supporters. Transparency and accountability need to be shored up and content moderation should be done according to democratic mandates and oversight. The impact of new platforms where disinfo
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rmation can go viral, such as private messenger services, needs to be understood. Through a global democratic coalition, a meaningful alternative should be offered instead of the two dominant models of technology governance: the privatized and the authoritarian. Through the intergovernmental Partnership on Information & Democracy, democratic leaders recognize the information and communication space as a ‘public good’. Now they have to implement their commitments in policies on the national and international level. Our recommendations are designed to shape and support their policy agenda." (Foreword, page 13)
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"The highest levels of regulation, from international treaties to constitutions, are unambiguous about creating an environment in which women thrive. However, this egalitarian space must be progressively realized, and one aspect of this work is eliminating discrimination, including in relation to ge
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nder-based violence (GBV). Whether authorities care to admit it or not, the Internet is an inseparable part of the society in which we live, and online GBV demands a resolute hand. Unfortunately, the gaps in legal frameworks, not to mention deficient law enforcement, are forcing women to self-censor online or even wholly abandon platforms that could be used for legitimate expression and the exercise of other fundamental rights. Unless governments take urgent, comprehensive action, the inadequate protection of women’s rights online will continue to erode any other legislative attempts to achieve equality across different spheres of life." (Conclusion)
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"[...] la presente investigación tiene como objeto cuatro naciones de América Latina: Argentina, Brasil, Costa Rica y Panamá. Se analiza de qué manera cada uno de los países seleccionados caracteriza al discurso de odio y cómo lo enfrenta. Este abordaje se realizó desde una perspectiva legal
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y social. La primera tuvo como fin determinar cuál es la concepción de discurso de odio que posee el ordenamiento jurídico de la región. La segunda buscó reflejar el modo en que grupos habitualmente afectados por expresiones en la red viven dichos ataques y cómo los conciben a la luz de lo establecido por el ordenamiento jurídico." (Resumen ejecutivo)
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"This report shines light on the following trends:
- Blasphemy and apostasy laws are often overbroad and can be used to limit a variety of religious expression. These laws violate international human rights law and should be repealed.
- Hate speech laws are also generally overbroad and can be used t
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o limit a variety of religious expression. These laws should be re-drafted to comply with international standards.
- Laws restricting the media and free press are often used to prohibit hate speech on the basis of race, ethnicity, religion, and other factors, with the written intent to protect those individual identities; however, these laws are also often open to misuse for political purposes.
- Hate speech laws often lack independent oversight mechanisms and have inappropriate punishments.
- Hate speech laws often are not integrated into larger plans aimed at effectively reducing intolerance and hatred in society. Where speech is protected and therefore not able to be limited through legislation, states can use other strategies and tools to address problems of hate speech and discrimination against certain groups. Meaningful and inclusive partnership with civil society is key for governments to achieve these goals." (Executive summary)
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"Richard Moon examines the application of hate speech laws when religion is either the source or target of such speech. Moon describes the various legal restrictions on hate speech, religious insult, and blasphemy in Canada, Europe and elsewhere, and uses cases from different jurisdictions to illust
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rate the particular challenges raised by religious hate speech. The issues addressed are highly topical: speech that attacks religious communities, specifically anti-Muslim rhetoric, and hateful speech that is based on religious doctrine or scripture, such as anti-gay speech. The book draws on a rich understanding of freedom of expression, the harms of hate speech, and the role of religion in public life." (Publisher description)
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"This publication presents the comparative overview of the legal framework and practices related to ‘hate speech’ in six Member States of the European Union (EU): Austria, Germany, Hungary, Italy, Poland and the United Kingdom. The publication is based on six individual country reports commissio
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ned by ARTICLE 19 in 2017. The six country reports identified widespread deficiencies in the respective national frameworks on ‘hate speech’ in terms of their compatibility with applicable international freedom of expression standards, as well as inconsistencies in the application of existing legislation. In ARTICLE 19’s view, these deficiencies render the legal framework open to political abuse, including against precisely those minority groups that the law should protect. Moreover, the respective national frameworks generally fail to provide effective remedies to victims of ‘hate speech’, and are insufficient to enable instances of intercommunal tensions to be effectively resolved, or to enable poor social cohesion to be addressed." (Executive summary)
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"A number of recent legislative initiatives on ‘hate speech’, including most prominently the 2017 German NetzDG law on social media, make reference to some forms of self-regulation. Voluntary mechanisms between digital companies and various public bodies addressing ‘hate speech’ and other is
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sues, such as the EU Code of Conduct on hate speech, also make reference to self-regulatory models. However, our analysis of these mechanisms demonstrates that they fail to comply with the requirements of international human rights law. They rely on vague and overbroad terms to identify unlawful content, they delegate censorship responsibilities to social media companies with no real consideration of the lawfulness of content, and they fail to provide due process guarantees. ARTICLE 19 therefore suggests exploring a new model of effective self-regulation for social media. This model could take the form of a dedicated “social media council” – inspired by the effective self-regulation models created to support and promote journalistic ethics and high standards in print media. We believe that effective selfregulation could offer an appropriate framework through which to address the current problems with content moderation by social media companies, including ‘hate speech’ on their platforms, providing it also meets certain conditions of independence, openness to civil society participation, accountability and effectiveness." (Executive summary)
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"This report looks at media practices and regulatory tools that are available to address hate speech and racism in the media, with a focus on eight countries, namely Algeria, Egypt, Lebanon, Jordan, Morocco, Palestine and Tunisia. The first part looks at regulatory approaches to addressing these pro
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blems. It, in turn, is broken down into two main sections, one looking at legal regimes, including systems of media regulation, and the second looking at self-regulatory practices in the media and how they deal with racist speech. The second part outlines international standards in this area and, based on these and the legal frameworks and experiences in the region, offers a set of recommendations for better practice directions in this area." (Executive summary, page 3)
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"This book is the first to incorporate current academic literature on European, transnational, and international media law into a comprehensive overview intended primarily for students. It introduces the legal framework for globalised communication via mass media, and considers the transformative ef
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fect globalisation has had on domestic media law. Engaging case examples at the beginning of each chapter and questions at the end give students a clearer idea of legal problems and encourage them to think critically. A wide variety of topics - including media economics, media technology, and social norms concerning media publications - are discussed in relation to media law, and numerous references to case law and suggestions for further reading allow students to conduct independent research easily." (Back cover)
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"The central objective of this volume has been to show that legislation against hate speech in the EU may be an effective first step towards combatting the phenomenon, but it might not be adequate on its own to contain the present situation. This is because hate speech has multiple ways of being exp
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ressed. In this volume, we have identified several strategies of Othering that can be used to express such an unfavourable position towards members of a minority: categorisation and stereotyping, hate concealed as patriotism, metaphorical language, sarcasm, allusions and constructed dialogue can all be ‘subtle’ ways in which discrimination emerges in public discourse. And while we are not in a position, as linguists, to suggest that such strategies belong to the category of prosecutable hate speech, we think that it is safe to assume that they do form part of what we have dubbed soft hate speech." (Concluding remarks, page 87)
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"Das deutsche Rechtssystem basiert grundsätzlich auf individuellem Rechtsschutz. Nur die bzw. der Einzelne kann also eigene Rechte einklagen. Doch gerade wenn es um strukturelle Rechtsverletzungen geht, wie es zum Beispiel bei digitaler Gewalt meist der Fall ist, wäre eine kollektive Rechtsmobilis
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ierung hilfreich. Betroffene müssten dann nicht allein klagen, sondern können sich zusammenschließen oder mit Unterstützung eines Beistands klagen, oder ein Verband könnte an ihrer Stelle den Rechtsstreit führen. Im Folgenden werden Möglichkeiten kollektiver Rechtsmobilisierung dargestellt. Dafür werden zentrale Begriffe wie Streitgenossenschaft, Prozessstandschaft, Sammel- und Musterklage sowie Verbandsklage kurz erläutert. Eines der wesentlichen Probleme kollektiver Rechtsmobilisierung gegen digitale Gewalt ist, dass es an einschlägigem Recht fehlt, welches überhaupt – individuell oder kollektiv – mobilisiert werden könnte. Daher wird nach einer knappen Einführung in die Problematik zunächst das mobilisierbare (einklagbare) Recht gegen digitale Gewalt bzw. dessen Fehlen dargestellt, bevor auf prozessuale Fragen eingegangen werden kann." (Einleitung)
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"Based on the analyses of Rwandan and Kenyan cases, hate speech legislation is not an appropriate tool to prevent harm emanating from hate speech. The empirically verifiable costs of the tool by far outweigh its putative benefits. In Rwanda, opposition politicians are convicted for criticising gover
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nment policies, and journalists sentenced to decades of imprisonment for covering sensitive issues, held in pre-trial detention for years to be finally acquitted, driven into exile and forced to practise self-censorship. Whole news media are suspended or completely closed for providing platforms for anti-government stances. The persecution of individual politicians and journalists has a great negative impact on society. Access to unbiased information is impeded and the ‘Marketplace of Ideas’ destroyed. Instead of supporting a process of reconciliation, the laws are used to suppress a necessary, healthy and constructive debate on sensitive topics of the past. As a result, citizens strive to switch to other forms of conflict resolution, which ‘ironically’ means that hate speech legislation itself is misused to settle personal disputes. Rwandan hate speech legislation has itself become a tool that fuels further conflict. While the Rwandan government abuses hate speech legislation to silence its critics in order to secure its power position, the Kenyan government employs hate speech provisions to justify its surveillance of Kenyan citizens. At the same time, politicians who publicly call for displacements and violence are allowed to escape punishment in the name of cohesion." (Conclusion, page 96)
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"This European Union Agency for Fundamental Rights (FRA) contribution to the second Annual Colloquium on Fundamental Rights provides a snapshot of manifestations of incitement in media content and political discourse against different groups in EU member states. It outlines the European and internat
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ional legal framework governing such cases, substantiated by relevant case law examples. Highlighting that members of minority groups perceive the prevailing social climate as condoning racism, xenophobia and intolerance, this FRA paper underlines the need for EU institutions and Member States to address the effect incitement can have on the population groups it targets." (Page 1)
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"Contrary to dominant views within international law and institutions, it is never democratically legitimate to punish citizens solely for repulsive or dangerous viewpoints expressed within public discourse. With the controversial exception of the US, however, most states prohibit some forms of raci
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st, sexist, anti-religious, homophobic, or other intolerant speech. Hateful expression surely does afflict many of the people it targets. Most democracies therefore describe bans as—perhaps not always effective, but certainly symbolic—tools for defending the safety and equality of all citizens. Democracies must certainly promote pluralism, then, through comprehensive non-discrimination policies governing education, employment, and access to goods and services. States must promote values of equal citizenship through primary schooling and public interest campaigns, and must support models of best practice within the mass media. It is also legitimate for states to punish hate speech promulgated outside public discourse, as in situations involving harassment or so-called ‘fighting words’. Hate speech bans may even offer legitimate means of enhancing state security in unstable situations, as have at times arisen, for example, in India, Israel, Northern Ireland, or transitional democracies. Hate speech bans may genuinely enhance elements of state security, then, but they never enhance its democracy. We have overlooked that distinction through our failure to distinguish the three very distinct spheres of security, rights, and democracy. Those security or rights-based criteria which legitimate a state as a state are not the same as those which legitimate it as a democracy." (Publisher description)
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"The present report provides a global overview of the dynamics characterizing hate speech online and some of the measures that have been adopted to counteract and mitigate it, highlighting good practices that have emerged at the local and global levels. While the study offers a comprehensive analysi
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s of the international, regional and national normative frameworks developed to address hate speech online, and their repercussions for freedom of expression, it places particular emphasis on social and non-regulatory mechanisms that can help to counter the production, dissemination and impact of hateful messages online." (Executive summary)
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"This is a book about free speech narratives. Stories about how imagination and rational thinking in wildly different cultures capture, imagine, and conceptualize what freedom of speech means. 1989 and 2011 are only two recent (in historic perspective) turning points when freedom of speech and freed
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om of the press emerged, or at least powerful efforts were made to support its emergence, although disheartening backlashes followed in several countries. This book also tells many other free speech narratives that emerged, or evolved outside the frames of 1989 and 2011, also with several troublesome repercussions. The fall of the Berlin wall in 1989, the year of largely velvet revolutions (in the words of Vaclav Havel), brought freedom of speech to Central Europe and Eastern Europe. It also increased the hope that freedom of speech and democracy can prevail in more and more countries on the earth. This book examines, in some historic perspective, to what extent this hope has become reality since and prior to 1989, also in light of the Arab revolutions of 2011." (Introduction, page 1)
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