Hate Speech Jurisprudence
Natalie Alkiviadou · 2025
This chapter examines the jurisprudence of the European Court of Human Rights (ECtHR, Court) and the former European Commission on Human Rights (EComHR, Commission) concerning hate speech directed at protected characteristics, including race, religion, ethnicity, sexual orientation and gender identity. It explores the EComHR’s and, predominantly, the ECtHR’s approach to hate speech, ranging from expressions involving insult or ridicule to direct calls for hostility or violence. The chapter critically analyses the ECtHR’s interpretation and application of two articles of the European Convention on Human Rights (ECHR, Convention), namely, Article 10, on the right to freedom of expression, and, where relevant, Article 17, the ‘prohibition of abuse of rights’ clause. It examines cases brought by victims of hate speech, a category that contrasts with the predominance of applications submitted by utterers of such speech. Within this context, the analysis focuses on Article 8 of the Convention, the right to respect for private and family life, both independently and in conjunction with Article 14, which prohibits discrimination. Furthermore, the chapter critiques the ECtHR’s limited reliance on existing research on hate speech, which could enhance the analysis of issues such as the alleged harm, the causal link between speech and harm and the societal impact of restrictions. It scrutinises the Court’s use of the margin of appreciation in cases of state-imposed bans, arguing that substantive analysis is often neglected under its guise while inconsistencies in the margin’s application persist. Also, the chapter assesses thematic areas, including journalism and online hate speech.