Approaches to Governing Hate Speech: Neutrality, Absolute Freedom of Expression and Social Justice

Paloma Viejo Otero · 2024

Abstract This chapter argues that through a thorough analysis of the actors engaged in the debate on hate speech presented in Chapter 1, examining their interpretations of freedom and equality and scrutinising their arguments, it is possible to identify three distinct regulatory approaches: the Neutral Approach, the Freedom of Expression Absolutist Approach and the Social Justice Approach, as well as two derivative approaches: the Neutral-Security Approach and the European Approach. These perspectives are informed by the unique sociopolitical contexts, values and guiding principles of various groups and political actors separated in time and space but with connected ideas about freedom or equality. This analysis extends Altman's 1993 work on the campus hate speech debates, which underscored how different ideologies shape the conceptualisation of hate speech. The aim is to structure the debate and facilitate hate speech research by creating a typology that elucidates the multifaceted nature of hate speech regulation. Additionally, this typology aims to sharpen the discourse on hate speech regulation, providing a systematic framework for understanding and managing hate speech on social media platforms. Through this exploration, this chapter enhances the dialogue on hate speech regulation by dissecting these three principal perspectives or approaches and their impact on the governance of digital platforms.

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