Hate Speech and Cyberbullying in Czech Law
Dávid Hojnyák · Studies of the Ferenc Mádl Institute · 2025
DÁVID HOJNYÁK Hate speech in Czech lawIf we look for the constitutional basis of hate speech in the Czech legal order, we find that the constitutional legislation 1 does not contain expressis verbis provisions on this subject, while the Charter of Fundamental Rights and Freedoms (hereinafter: Charter) provides that freedom of expression and the right of access to and dissemination of may be restricted by law where this is necessary in a democratic society in order to protect the rights and freedoms of others, the security of the State, public security and public health, and public morals.2 We see, therefore, that the Charter lays down a kind of limitation clause which allows for the restriction of these fundamental constitutional rights in certain circumstances, while taking into account the criteria of legality, necessity and proportionality.3 With regard to the constitutional basis of the legislation on this subject, it is also worth noting the Charter's provisions on human dignity 4 , the protection of privacy 5 , and the protection of personal data.6 Provisions on hate speech can be found in Czech legislation in the context of criminal law, although it should be noted that the term hate speech is not 1 It is important to note that the Czech constitutional order consists of the Constitution, the Charter of Fundamental Rights and Freedoms and a set of so-called constitutional laws (also known as constitutional laws or constitutional enactments).2 Article 17 para.(4) of the Charter 3 For more information on the characteristics of these fundamental constitutional rights and the detailed rules for their limitation, see Bartoň and Hejč, 2021, and Herczeg, 2004, pp.85-86.4 Articles 1 and 10 para.(1) of the Charter.5 Articles 7 and 10 para.(2) of the Charter.6 Article 10 para.(3) of the Charter.