Hate speech promotes hatred or violence against individuals or groups based on certain attributes. It is not protected by freedom of expression and can be lawfully prevented and punished.
Definition
The European Commission against Racism and Intolerance (ECRI), which is a specialised body of the Council of Europe, in its General Policy Recommendation No 15, defines “hate speech” as advocacy, promotion or incitement, in any form, of the denigration, hatred or vilification of a person or group of persons, as well as any harassment, insult, negative stereotyping, stigmatisation or threat in respect of such a person or group of persons and the justification of all the preceding types of expression, on the ground of "race", colour, descent, national or ethnic origin, age, disability, language, religion or belief, sex, gender, gender identity, sexual orientation and other personal characteristics or status.
However, states can also adopt narrower definitions of hate speech as far as to either the concrete forms of acts considered as hate speech or the grounds on which persons are attacked by hate speech. The standing Slovakian legislation does not contain an explicit definition of hate speech per se. Offences considered as hate speech are subsumed in several provisions of the Slovakian Penal Code.
What can be considered hate speech?
There is a fine line between what can and cannot be considered hate speech. Therefore, it is important to carefully distinguish hate speech from other insulting, unpopular or extreme views and expressions. For example, a statement can be contrary to the majority’s opinion, considered offensive and feel hateful, but it might not exactly incite hatred or violence. Read more about how to recognise hate speech.
Forms of expression
Hate speech involves not only public verbal statements, but can also be expressed in other forms such as pictures, films, cartoons etc.
example A TV interview where immigrants from Africa are compared to monkeys, or where a series of articles are published portraying a particular ethnic group as a source of evil in the country and inciting the use of violence against this group.
It is important to realize that hate speech can be disseminated in many different ways nowadays, including the Internet. Hate speech online is propagated and amplified and its consequences are underestimated. Users think that when they disseminate hate speech, that they have some impunity and are protected through their anonymity. However, such thinking is inaccurate, as public authorities are also implementing the necessary measures to combat hate speech which is disseminated online.
example The comments of individuals on an internet news portal which contain personal threats or offensive language directed against the persons mentioned in the news article.
Hate speech vs Freedom of expression
Hate speech is contrary to the basic values of a democratic society because it promotes intolerance, hate or violence against other people. The state has a duty to protect the rights and dignity of all people in society and maintain social peace. To do this, it must prevent hate speech, intolerance and discrimination. Therefore, the restriction of hate speech does not violate freedom of expression.
In Slovakian legislation, there is a specific provision related to hate speech in the law regulating electronic media and internet, however, there is no such provision in the Press Act.
Criminal offence
Hate speech is a criminal offence which can be lawfully prevented or punished by the state. The Slovakian legislation does not explicitly define “hate crimes” (in Slovak: trestné činy z nenávisti) or “hate speech” (in Slovak: nenávistné prejavy) as such. However, the Slovakian Penal Code contains a number of provisions that fall under the concept of hate speech. It contains two offenses (in articles 423 and 424) that can be identified as hate speech in a narrow sense - these are defamation of a nation, race or belief (in Slovak: hanobenie národa, rasy alebo presvedčenia) and incitement to national, racial or ethnic hatred (in Slovak: podnecovanie k národnostnej, rasovej alebo etnickej nenávisti). The Penal Code allows for the sanctioning of these offences by deprivation of liberty of up to 5 years. In this case the deprivation of liberty can be substituted by fine or community service.
If there are aggravating circumstances, i.e., if the perpetrator is acting as a public official or as a member of an extremist organisation or is acting with a biased motive, the sentence can be raised up to 10 years. In a broader sense, the offense of „denial or glorification of the Holocaust, crimes of political regimes and crimes against humanity” (articles 422d of the Penal Code) can also be considered as “hate speech”.
“Hate crimes” are considered all crimes committed with one of the specific motives (biased motives) listed in the article 140e of the Penal Code, i.e., any crimes motivated by hatred towards a group of persons or an individual because of their “actual or perceived affiliation to a race, nation, national minority, ethnic group, because of their actual or deemed descent, colour, sex, sexual orientation, political belief or religion”. In principle, in the Penal Code, “hate crimes” are subsumed under the title “crimes of extremism”.
In criminal cases involving hate speech, it is not only the authors who can be found guilty. You can also be liable for the mere dissemination of hate speech if you endorse the message. For example, when offering a platform by publishing or broadcasting the message.
Read more about liability.
Compensation
The victims of hate speech have a right to claim monetary compensation from the authors or disseminators of such expressions both during criminal proceedings and also by bringing a separate civil claim if their claims are not fully satisfied within the criminal proceedings. Read more about how to complain if you believe that you have been a victim of hate speech.