Sloboda prejavu vs. nenávistné prejavy na internete.

Freedom of Expression vs. Hate Speech on the Internet.

Prof. JUDr. Jozef Záhora, PhD., Fakulta práva Paneurópskej vysokej školy v Bratislave

Právny obzor, 107, 2024, No. 4, pp. 384 – 407.

Published online: 21.8.2024

https://doi.org/10.31577/pravnyobzor.2024.4.03

Abstract. Hate speech on social media is a problem that can negatively affect individuals and society as a whole. In the context of restricting freedom of speech, it is primarily the hate speech that is subject to legal restrictions. The author presents the basic principles of freedom of expression as defined by the European Court of Human Rights. The Court has not yet adopted any comprehensive definition of hate speech and instead approaches the concept and scope of hate speech on a case-by-case basis. The boundary between determining whether a specific expression reaches the intensity of hate speech or whether it is a matter of freedom of expression, although it contains insults or expressions of an unpopular opinion, cannot be determined in general, but is always assessed in a specific case. Therefore, the author focuses on case law regarding freedom of speech and hate speech on the Internet. The government can react to hate speech in two ways. It can emphasize freedom of expression, because there is always the risk of regulation going too far and stifling the exchange of ideas. The second approach, which the Slovak Republic also has, consists in protective legislation, not only for the protection of the groups themselves, but for the good of society as a whole. For that reason, in the end, the author also focuses his attention on the decision-making activity of the Slovak courts, regarding hate speech, either within the framework of civil law or criminal law.

Key words: freedom of expression, hate crime, hate speech, illegal content, Internet, political speech, speech inciting violence.

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ISSN 2729-9228
(online)

ISSN 0032-6984
(print)

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