Hate Speech in the Case Law of the European Court of Human Rights
Ksenia Kakareko · Zeszyty Naukowe Instytutu Administracji Akademii im Jana Długosza w Częstochowie Gubernaculum et Administratio · 2024
The concept of hate speech, which has been subjected to repeated analysis in the case law of the European Court of Human Rights (ECtHR), has never been defined in a manner that is entirely consistent with the nuances of its usage. In the Court’s practice, the category of expression in question is employed for the purpose of analysing and assessing whether a violation of the standard protecting freedom of expression has occurred. Statements that are qualified as hate speech are more often in the nature of opinions than statements. This has forced the ECtHR to repeatedly examine whether there was a sufficient factual basis for such speech, or whether it was a manifestation of personal dislike or formulated with the intention of insulting adversaries. A variety of terms and expressions have been classified as hate speech. In examining the scope of freedom of expression, the content of these judgments sought to identify the limits of this freedom. It was generally held that speech aimed at preaching, inciting, or justifying hatred could not be protected under Article 10 of the European Convention on Human Rights (ECHR).