Chapter

Incitement to Hatred

Perry Keller

in European and International Media Law

Published in print May 2011 | ISBN: 9780198268550
Published online September 2011 | e-ISBN: 9780191728518 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268550.003.0014
Incitement to Hatred

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Chapter Thirteen concerns restrictions on incitement to racial, ethnic and similar forms of hatred, one of the most divisive issues within the liberal democratic tradition. In European Union law, incitement to hatred, regardless of any direct threat of violence, is deemed to endanger democracy and thus falls outside normal protections for robust commentary on public affairs. This Chapter also discusses EU prescriptive rules on hate speech, contained in the AVMS Directive and the 2008 Framework Decision on incitement to hatred, as well as Europe's vulnerability to incitement to hatred transmitted from abroad. It looks at the exclusion of incitement to hatred from the protection of the ECHR as well as Council of Europe's prescriptive instruments obliging its criminalisation, including the Cybercrime Protocol. Chapter Thirteen then examines the conditional acceptance of such restrictions under WTO law as well as prescriptive rules on hate speech contained in UN human rights treaties.

Keywords: Incitement to hatred; hate speech; freedom of expression; public morals; public order; human dignity

Chapter.  10701 words. 

Subjects: Intellectual Property Law

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