How Should We Legislate against Hate Speech? Finding an International Model in a Globalized World
Viera Pejchal, Kimberley Brayson · Oxford University Press eBooks · 2016
When regulating hate speech, states must decide between protecting freedom of expression or other human rights. Although there is no universally agreed-upon definition on hate speech, international human rights framework offers different justifications on the restriction of this fundamental right. These grounds have evolved since the Second World War. This chapter presents a new theory consisting of three generations of hate speech. These generations reflect the development of legal goods globalized society aims to protect. The three generations are equally important and allow for legislation on a myriad of grounds. The latest international treaties and non-binding instruments from every continent show a growing urge to regulate hate speech in situations regarding human dignity. The balance between suppressing free speech in the name of human dignity pursues a legitimate goal: the affirmation of values and interests within society.