When laws fail to stop hate speech – What can we do? well here is the answer!
By Ouafa Zaidi, cultural reporter intern at Crossing Borders Have we become too mean? What is the point of all this hate, intolerance, and distress? What does it really say about us? Where is our good faith, our desire to meet new people, persons of different backgrounds, colors, smells, and looks? That instead of misjudging or not allowing ourselves to appreciate a person different from who we are, we end up making a habit of breaking that human bond in the worst way; by hurting with words, gestures, and toxic reactions the soul, mind, and heart of the person that we do not even allow ourselves to respect. Maybe it comes from our education when our surroundings told us to be wary of those who look different; not to approach them, not to look at them, and especially not to talk to them. But is it a reason? That with all your mind, your humanity, your knowledge, and your own vision of things, without the influence of anyone, you choose hatred rather than friendship, politeness, respect, or conviviality? And that as a first reaction some become tormentors instead of honoring the human bond we all share? Why is it easier to hurt than to appreciate? Hate speech is used to intimidate and harm, employing stigmatic, offensive, bullying, and threatening language, expressed both privately and publicly, against an individual or group on the basis of gender, ethnicity, religion, social status, sexual preference, age, or political views (among others). It is often defined in terms of the harm it will cause and its connection to the principles of dignity, and the ideas it conveys. With the spread of different media, and above all, social media such as Facebook and Instagram, the brutality of certain exchanges and the violence that emerges from them generates not only an audience but also a most disturbing behavior, which as a side effect has to disrupt the sanctity of our mental health and plays with and thwarts our sensibility and our reactions. Moreover, the online experiences of users are managed by algorithms designed to keep them engaged, which contributes to wading into the same ideologies over and over again. And nowadays, trolling is a phenomenon that is all too common on the Internet. Those trolls/people who deliberately hurt and provoke others in interactions that arouse and/or fuel bad feelings and reactions such as hatred, aggression, denigration, and harassment, hijack the conversation in a way that makes it impossible to have a constructive, respectable, and/or benevolent discussion. Studies suggest that the main factor in this behavior is the feeling of not being able to really express oneself, adding to this is the feeling of humiliation, and the feeling of being misunderstood and ridiculed is projected onto others, and so on. Therefore, discussing and questioning the content of the different interactions on social media is an essential action and request for the well-being of society. And especially that young people, while they are the future and are building tomorrow, spend most of their time on it and with content that is most often questionable, or even prejudicial, unknown to their parents or even the authorities. And this hate speech may lead to large-scale violence and conflicts. Although we do have laws against hate speech, they are often difficult to enforce and rely on the victims themselves to initiate their own lawsuits, which can come at a huge personal, emotional, psychological, and financial cost. All governments and countries around the world are facing this problem, just to give you an idea here are some indications about the current laws in different countries: In Denmark: The main piece of Danish national legislation regarding online hate speech is paragraph 266 b of the Danish Penal Code (“the racism paragraph”). This paragraph prohibits threats, mockery, and degradation against groups defined by race, skin color, nationality, ethnicity, religion, or sexual orientation. Paragraph 266(b) in Chapter 27 states (violations of peace and honor) of the penal code: Whoever publicly, or with intent to distribute in a wider circle, presents a proclamation or some other message by which a group of persons is threatened, mocked, or degraded because of its race, skin color, national or ethnic origin, faith or sexual orientation, is to be punished with fine or prison up to 2 years. In determining the punishment, it shall be considered an aggravating factor if the act had characteristics of propaganda”. Even though everyone has the right to publish their thoughts in both oral and written form, it will be up to the courts to judge whether or not there is hate speech. New Zealand prohibits hate speech under the Human Rights Act 1993. Section 61 of the Act (Racial Disharmony) makes it unlawful to publish or distribute “threatening, insulting or abusive material or words that arouse hostility or contempt against groups of people because of their skin color, race, ethnic or national origin”. Although there has been some debate regarding the requirement that there be a clear link to violence to justify the regulation over hate speech. France also enacted a law in June 2020, known as the “Avia law,” requiring online platforms to remove hateful content reported by users within 24 hours (as in India), but a court struck down this law on the grounds that it infringed on freedom of expression in a way that was not necessary, appropriate or proportionate. In July 2015, the National Consultative Commission on Human Rights deemed that “the existing incriminations […] are sufficient.” However, jurisprudence still punishes hate speech via Article 32 of the July 29, 1881 law on freedom of the press. And the Pleven law of 1972 punishes incitement to racial hatred through this paragraph: “defamation or insult, committed against a group of people belonging, by their origin, to a race or a specific religion, [when it] will have had the aim of inciting hatred between citizens or inhabitants”. it remains a very controversial subject in France. Germany has the toughest law against online hate speech,
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