ECtHR: Factsheet "Hate Speech"

In July 2017, the Press Unit of the European Court of Human Rights (ECtHR) has released a "Factsheet - Hate Speech" outlining the ECtHR's two distinct approaches in its case law involving incitement to hatred and freedom of Expression (Art. 10 ECHR).

Two Approaches

When dealing with cases concerning incitement to hatred and freedom of expression, the ECtHR uses two approaches which are provided for by the ECHR:

  • the approach of exclusion from the protection of the Convention, provided for by Article 17 ECHR (prohibition of abuse of rights), where the comments in question amount to hate speech and negate the fundamental values of the Convention; and
  • the approach of setting restrictions on protection, provided for by Article 10(2) ECHR. This approach is adopted where the speech in question, although it is hate speech, is not apt to destroy the fundamental values of the Convention.

Duties & Responsibilities of News Portals

Internet news portals which, for commercial and professional purposes, provide a platform for user-generated comments assume the “duties and responsibilities” associated with freedom of expression in accordance with Article 10(2) ECHR where users disseminate hate speech or comments amounting to direct incitement to violence.

ECtHR, Factsheet - Hate speech, July 2017

Verlag Dr. Otto Schmidt vom 31.07.2017 15:40

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