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HATE SPEECH AND ETHNIC DISCRIMINATION WITH SPECIAL FOCUS ON SOCIAL MEDIA

HATE SPEECH AND ETHNIC DISCRIMINATION WITH SPECIAL FOCUS ON SOCIAL MEDIA. Jovan Ananiev. Freedom v.s Feedom. Old freedoms (namely, the freedom of religion, of speech, of the press, of petition, and of assembly), are at times incompatible with newer forms of freedom.

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HATE SPEECH AND ETHNIC DISCRIMINATION WITH SPECIAL FOCUS ON SOCIAL MEDIA

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  1. HATE SPEECH AND ETHNIC DISCRIMINATION WITH SPECIAL FOCUS ON SOCIAL MEDIA Jovan Ananiev

  2. Freedom v.s Feedom • Old freedoms (namely, the freedom of religion, of speech, of the press, of petition, and of assembly), are at times incompatible with newer forms of freedom. • Freedom of speech conflicts with the “right not to be discriminated against.” • The great problem modern society faces is not a lack of freedom, per se. It is a question of how to resolve the conflict of many different incompatible freedoms

  3. GENERAL COMMENTS OF THE COMMITTEE OF HUMAN RIGHTS 2011Freedom of Expression in ICCPR

  4. Freedom of Speech • States parties to guarantee the right to freedom of expression, including the right to seek, receive and impart information and ideas • This right includes the expression and receipt of communications of every form of idea and opinion capable of transmission to others

  5. Fields of freedom of expression • political discourse • commentary on one’s own[ • on public affairs • discussion of human rights • Journalism • cultural and artistic expressio • teaching and • religious discourse

  6. Forms of expression Include spoken, written and sign language and such non-verbal expression as images and objects of art. Means of expression include books, newspapers, pamphlets, posters, banners, dress and legal submissions. They include all forms of audio-visual as well as electronic and internet-based modes of expression

  7. Freedom of expression and the media • Media may receive information on the basis of which it can carry out its function. The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential.

  8. New media • States parties should take account of the extent to which developments in information and communication technologies, such as internet and mobile based electronic information dissemination systems, have substantially changed communication practices around the world.

  9. Restrictions… • Article 19(3) of the ICCPR permits limited restrictions on freedom of expression where these are a) provided by law; b) for the protection of one of the legitimate interests listed; and c) necessary to protect that interest.

  10. Article 20(2) Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

  11. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar illegal action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law.

  12. Areas of restrictions on the right are permitted • respect of the rights or reputations of others • protection of national security • public order (ordre public) • public health • morals

  13. Right not to be discriminated/freedom from discrimination/

  14. Universal Declaration on Human Rights (UDHR), adopted by the UN General Assembly in 1948,which states “All human beings are born free and equal in dignity and rights.” …….“without distinction of any kind, such as race, colour, sex, …”

  15. (CERD), adopted by the UN General Assembly in 1965. • 1. dissemination of ideas based on racial superiority; • 2. dissemination of ideas based on racial hatred; • 3. incitement to racial discrimination; and • 4. incitement to acts of racially motivated violence.

  16. The C of E Hate Speech definition Covering all forms of expression which spread, incite, promote or justify racial hatred, xenophobia, antisemitism or other forms of hatred based on intolerance, including: intolerance expressed by aggressive nationalism and ethnocentrism, discrimination and hostility against minorities, migrants and people of immigrant origin

  17. Key Elements of the Offence of Hate Speech • Intent • incitement and • what results are prohibited

  18. Intent Jersild v. Denmark • Jersild, a journalist, had been convicted for a television programme which included hate speech statements by racist extremists. • ECHR “Jersild’s purpose or intent was not to promote racism but, on the contrary, to expose and analyse it”.

  19. Incitement • Causation Erbakan v.Turkey • ECHR found a breach of the right to freedom of expression on the basis that the impugned statements did not create an actual risk of harm

  20. Proscribed Results • to distinguish between expression targeting ideas, including offensive expression, which is protected, and abusive expression which targets human beings, which may not be protected.

  21. Giniewski v. France the impugned speech was not a attack on religion but, rather, part of a clash of ideas (‘débat d’idées’).

  22. SOCIAL MEDIA

  23. “virtual community” (Bakker, 2001. • Chats- • Usenet newsgroups- (Twitter, ) • E-maill • Blogs- • Multimedia canals- (as You tube) • Wikipedia (m..r)

  24. Traditionally, content on the Internet was provided by the person or group that created a website, and user contribution was limited. Social media is more dynamic as users provide most of the content and therefore they share its responsibility along with the service provider or the host of the website.

  25. The nationalistic activities can be placed in few categories: • activities of hacking groups • using internet space for nationalistic competition • placing information directly pointed toward nationalistic contestation

  26. Goal Not only convincing active participants in the contestation of the related story or view, but to attract passive visitors by the quality of the news, ore by simple quantification of the messages and domination through the space

  27. Macedonian Criminal Code

  28. Article 417, paragraph 3 / spreads ideas / • “Whosoever spreads ideas about the superiority of one race overanother, or who advocates racial hate, or instigates racial discrimination, shall be sentenced to imprisonment of six months tothree years.”

  29. Article 173, paragraph 2/ public mockery/ • “Whosoever exposes another to a public mockery, by means of aninformation system, because of his belonging to a group different in itsrace, skin color, national or ethnic background, or exposes the group of persons characterized with one of these features to mockery, shall be fined or sentenced to imprisonment of up to one year.”

  30. Law on Broadcasting Activity Article 69 • “Program contents… which … incite national, racial or religioushatred and intolerance shall be prohibited from the programs ofbroadcasters and in programs retransmitted via public commercialnetworks”.

  31. . The best antidote to hate speech is more speech. Public awareness of hate speech on social media can do a lot to help sensitise users, Internet companies and governments

  32. RELIGION BASED HATE SPEECH/egsamples/

  33. ETHNIC AND NATIONAL BASED HATE SPEECH/egsamples/

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