Freedom of Expression and Hate Speech: Human Rights Standards and Their Application in Poland and Slovenia
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 a...
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| Format: | Article |
| Language: | English |
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MDPI AG
2023-07-01
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| Series: | Laws |
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| Online Access: | https://www.mdpi.com/2075-471X/12/4/64 |
| _version_ | 1797584085417197568 |
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| author | Julia Kapelańska-Pręgowska Maja Pucelj |
| author_facet | Julia Kapelańska-Pręgowska Maja Pucelj |
| author_sort | Julia Kapelańska-Pręgowska |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-03-10T23:48:16Z |
| format | Article |
| id | doaj.art-346d1d5671b943e2bfe885a8736d3183 |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-03-10T23:48:16Z |
| publishDate | 2023-07-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-346d1d5671b943e2bfe885a8736d31832023-11-19T01:52:55ZengMDPI AGLaws2075-471X2023-07-011246410.3390/laws12040064Freedom of Expression and Hate Speech: Human Rights Standards and Their Application in Poland and SloveniaJulia Kapelańska-Pręgowska0Maja Pucelj1Department of Human Rights, Nicolaus Copernicus University, 87-100 Toruń, PolandResearch Center Social, Faculty of Organizational Studies, 8000 Novo Mesto, SloveniaEven 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.https://www.mdpi.com/2075-471X/12/4/64freedom of speechhate speechEuropean Court of Human RightsPolandSloveniaState obligations |
| spellingShingle | Julia Kapelańska-Pręgowska Maja Pucelj Freedom of Expression and Hate Speech: Human Rights Standards and Their Application in Poland and Slovenia Laws freedom of speech hate speech European Court of Human Rights Poland Slovenia State obligations |
| title | Freedom of Expression and Hate Speech: Human Rights Standards and Their Application in Poland and Slovenia |
| title_full | Freedom of Expression and Hate Speech: Human Rights Standards and Their Application in Poland and Slovenia |
| title_fullStr | Freedom of Expression and Hate Speech: Human Rights Standards and Their Application in Poland and Slovenia |
| title_full_unstemmed | Freedom of Expression and Hate Speech: Human Rights Standards and Their Application in Poland and Slovenia |
| title_short | Freedom of Expression and Hate Speech: Human Rights Standards and Their Application in Poland and Slovenia |
| title_sort | freedom of expression and hate speech human rights standards and their application in poland and slovenia |
| topic | freedom of speech hate speech European Court of Human Rights Poland Slovenia State obligations |
| url | https://www.mdpi.com/2075-471X/12/4/64 |
| work_keys_str_mv | AT juliakapelanskapregowska freedomofexpressionandhatespeechhumanrightsstandardsandtheirapplicationinpolandandslovenia AT majapucelj freedomofexpressionandhatespeechhumanrightsstandardsandtheirapplicationinpolandandslovenia |