On 16 February 2021, the European Court of Human Rights (‘the Court’) decided ground-breaking cases of minority othering: Behar and Gutman; Budinova and Chaprazov. The twin cases, stemming from collective domestic litigation, concern anti-Semitic/ anti-Roma hate speech. Continue reading
Hate-speech against sexual minorities has become a pressing issue for the ECHR. Online media and social platforms boosted the possibilities one has to express both personal opinions and hateful comments, thus making it harder for the Strasbourg Court to draw the line of the protection afforded by the ECHR. Continue reading
On 12 December 2019 a civil court in Rome ruled in favour of CasaPound Italy (CPI) against Facebook’s decision to close the far-right party’s profile in September and ordered the social network to reopen it with immediate effect and pay the group €800 for each day the account has been closed. Continue reading
On 21 August 2019, Phineas Mojapelo, the Deputy Judge President of the South Gauteng Division of the High Court in the case of, Nelson Mandela Foundation Trusts v Afriforum NPC ([2019] ZAEQC 2) ruled that the display of the pre-1994 South African flag – the apartheid flag – constitutes hate speech. Continue reading
The case of footballer Raheem Stirling provides an avenue into the oft-overlooked issue of hate speech prevention and deterrence. The Stirling case provides an opportunity to consider the adequacy of English law in tackling hate speech, a nuanced and increasingly difficult to isolate issue. Continue reading
In its recent judgment in Stomakhin v. Russia, the European Court of Human Rights (ECtHR) launched the message to all domestic authorities to adopt a “cautious approach” in determining the scope of “hate speech” crimes and to avoid “excessive interference” with the right to freedom of expression, especially when action is taken against ‘hate speech’ or extremist opinions that are mere criticism of the government, state institutions and their policies and practices. Continue reading
Public comments on the Prevention and Combating of Hate Crimes and Hate Speech Bill [pdf] were due at the end of January. A coalition of some of SA’s best comedians and satirists has taken a stand against the bill and filed submissions arguing that its hate speech provisions are unconstitutional. Among them are Pieter-Dirk Uys, John Vlismas, Jonathan Shapiro (Zapiro), Kagiso Lediga, Conrad Koch (and Chester Missing), Nik Rabinowitz, Tumi Morake, Joey Rasdien, Nina Hastie, David Kau, Casper de Vries, Celeste Ntuli, Mark Banks, Jason Goliath, John Barker, Christopher Steenkamp and the creators of the satirical programme ZA News. Continue reading
In a bid to fight escalating anti-migrant propaganda, the European Commission this month released a blueprint for regulating online hate, which requires social media companies to take down racist material within 24 hours. Continue reading