Freedom of expression and hate crime
David G. Lowe · 2022
This chapter covers the right to freedom of expression, hate crime and the proscription of extreme far-right groups as terrorist organisations. In setting the foundation for a legal analysis the chapter differentiates between the far-right and extreme far-right ideology, where in essence extreme far-right are influenced and follow the Nazi ideology. In the examination of these legal issues the disparity between these states’ jurisdictions’ protection of the freedom of expression, legislating for hate crime and proscription of groups as terrorist organisations is analysed, revealing a conundrum for social media and electronic communications companies in deciding if speech is legitimate political or religious content, or if it is extremist content that should be removed from their sites. The chapter concludes with a recommendation of how this disparity between these states can be removed by introducing a minimum standard legal provision providing adequacy in relation to what expression/speech is protected under the right to freedom of expression, comparable legislation related to hate crime and proscription of terrorist organisations.