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The Globalization of HateInternationalizing Hate Crime?$
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Jennifer Schweppe and Mark Austin Walters

Print publication date: 2016

Print ISBN-13: 9780198785668

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198785668.001.0001

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How Should We Legislate against Hate Speech? Finding an International Model in a Globalized World

How Should We Legislate against Hate Speech? Finding an International Model in a Globalized World

Chapter:
(p.247) 15 How Should We Legislate against Hate Speech? Finding an International Model in a Globalized World
Source:
The Globalization of Hate
Author(s):

Viera Pejchal

Kimberley Brayson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198785668.003.0016

When regulating hate speech, states must decide between protecting freedom of expression or other human rights. Although there is no universally agreed-upon definition on hate speech, international human rights framework offers different justifications on the restriction of this fundamental right. These grounds have evolved since the Second World War. This chapter presents a new theory consisting of three generations of hate speech. These generations reflect the development of legal goods globalized society aims to protect. The three generations are equally important and allow for legislation on a myriad of grounds. The latest international treaties and non-binding instruments from every continent show a growing urge to regulate hate speech in situations regarding human dignity. The balance between suppressing free speech in the name of human dignity pursues a legitimate goal: the affirmation of values and interests within society.

Keywords:   freedom of expression, human dignity, human rights, hate speech, democratic society, international human rights law

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