What is Hate Speech and Hate Crime?

There is no universally accepted legal definition of hate speech, and determining what constitutes “hateful” content is often contentious and debated. The United Nations defines hate speech as “any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor” (United Nations, 2019). Hate speech can encompass a wide range of expressions, from Islamophobic blogs and racial epithets to violent symbols and messages like swastika-emblazoned placards declaring “Hitler should have finished the job” (Waldron, 2012).

Hate speech can lead not only to societal conflict but also to hate crimes. There is often a progression from online hate speech to real-world violence and attacks motivated by hate. Research indicates a strong correlation between hate speech on social media and physical crimes against minorities. This phenomenon can be conceptualized as a “pyramid of hate” or a “ladder of harm,” beginning with acts of bias (e.g., bullying, ridicule, dehumanization) and discrimination (e.g., economic, political), and escalating to bias-motivated violence such as murder, rape, assault, terrorism, violent extremism, and even genocide (European Commission, 2021; OSCE ODHIR, 2020).

For both hate speech and hate crimes, the perpetrator’s bias motivation is crucial. Victims are targeted based on their actual or perceived connection to a community or group that shares a protected characteristic. These acts are “identity” or “message” crimes, with the conveyed message often being that the targeted victims do not belong to society. This message is directed not only at the victim but also at their community or group. Therefore, the motive behind these offenses is essential in distinguishing them from other crimes and in recognizing their greater severity, considering the specific impact on the individual victim, communities, and society at large (Council of Europe, European Commission against Racism and Intolerance; European Parliament, 2018; European Commission, 2021).

Citations

  • United Nations (2019)
  • Waldron, J. (2012). The Harm in Hate Speech. Harvard University Press. http://www.jstor.org/stable/j.ctt2jbrjd
  • Council of Europe, European Commission against Racism and Intolerance.
  • European Parliament resolution of 25 October 2018 on the rise of neo-fascist violence in Europe (2018/2869(RSP)).
  • European Commission (2021). Communication from the Commission to the European Parliament and the Council. “A more inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime”. Brussels, 09.12.2021. COM(2021) 777 final.
  • OSCE ODHIR ‘Hate Crime Laws A Practical Guide’