Hate speech, historical oppressions, and European human rights

Abstract

Today, around 5 billion people communicate through the Internet. While the benefits of online communication are undeniable, we also witness the proliferation of online hate speech, often associated with an increase in offline violence. Internet intermediaries and public bodies have developed frameworks to counter online hate speech. However, current frameworks lack a standardized approach to the conceptualization of hate speech. Some conceptualizations are overbroad, and others are underinclusive; overbroad because they lead to the removal of legal content (e.g. removal tools deleting legal content posted by marginalized communities), and underinclusive as the context of posts by linguistic minorities is often disregarded. This Article proposes a new legal conceptualization of hate speech in the European context. It does so by analyzing the European regulatory framework through the lens of the first legal conceptualizations of † This Article contains content that some readers may find disturbing. Reader discretion is advised. This research was updated in January 2023. Given the fast-developing nature of the regulation in the field of law and digital technologies, readers are advised to confirm legal sources beyond this timeframe.