Freedom of Expression and Hate Speech: Human Rights Standards and Their Application in Poland and Slovenia

IF 1.3 Q1 LAW
Laws Pub Date : 2023-07-21 DOI:10.3390/laws12040064
Julia Kapelańska-Pręgowska, Maja Pucelj
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Abstract

Even though hate speech is an extreme form of intolerance, which contributes to hate crime, the assessment of this particular behavior and its expressions is often problematic, because hate speech is difficult to define and even more difficult to investigate and punish. In the present article, the authors analyze the development of human rights standards (in particular as interpreted in the case-law of the European Court of Human Rights) regarding freedom of expression and hate speech and look at their application in Poland and Slovenia through a comparative analysis of Polish and Slovenian law and practice. We noticed that challenges with fulfilling international obligations to adequately respond to and fight hate speech can be observed and that some room for improvement on the level of lawmaking, policymaking, and their effective implementation is present. The most evident challenge remains in the low rates of prosecution of hate crimes recorded by the police, which need to be addressed by both States. In Slovenia, some positive systemic and regulatory changes have recently been introduced, while in Poland there has been little progress and not all victims of hate speech are adequately protected by law. The authors suggest a focus on educating individuals about the harmful consequences of hate speech and acts, adapting legislation to appropriately punish individuals who spread hate speech, raising awareness and understanding of the rhetoric used in the public sphere, and increasing media support for the aforementioned awareness, keeping in mind that solutions on how to appropriately address or prevent hate speech are by no means simple or straightforward.
言论自由和仇恨言论:人权标准及其在波兰和斯洛文尼亚的应用
尽管仇恨言论是一种极端形式的不容忍,助长了仇恨犯罪,但对这种特定行为及其表达的评估往往存在问题,因为仇恨言论难以定义,更难以调查和惩罚。在本文中,作者分析了关于言论自由和仇恨言论的人权标准的发展(特别是欧洲人权法院的判例法所解释的),并通过对波兰和斯洛文尼亚法律和实践的比较分析,研究了这些标准在波兰和斯洛文尼亚的适用情况。我们注意到,在履行充分应对和打击仇恨言论的国际义务方面存在挑战,立法、政策制定及其有效执行水平仍有改进空间。最明显的挑战仍然是警察记录的对仇恨犯罪的起诉率很低,这需要两国解决。在斯洛文尼亚,最近进行了一些积极的制度和管理改革,而在波兰,进展甚微,并非所有仇恨言论的受害者都受到法律的充分保护。作者建议将重点放在教育个人关于仇恨言论和行为的有害后果,调整立法以适当惩罚传播仇恨言论的个人,提高对公共领域使用的修辞的认识和理解,并增加媒体对上述意识的支持,记住如何适当处理或防止仇恨言论的解决方案绝不是简单或直接的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
Laws
Laws LAW-
CiteScore
2.00
自引率
16.70%
发文量
77
审稿时长
11 weeks
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