CEU Electronic Theses and Dissertations, 2016
| Author | Pesinis, Antonios |
|---|---|
| Title | The regulation of "hate speech"; the meaning of "incitement" under the case-law of the European Court of Human Rights and the jurisdictions of the European Union, the United Kingdom and Greece |
| Summary | The present study deals with the interpretation of “incitement” in European criminal bans on “hate speech”. Through a comparative analysis of relevant regional and national law and case-law the various standards defining “incitement” are traced. Following an examination of the evolving understanding of the term at the UN level, the case-law of the European Court of Human Rights on “hate speech” and violentprone speech is critically analyzed. The examination of the regional framework is complemented by an analysis of the EU‟s approach. It is argued that under regional standards the interpretation of “incitement” in “hate speech” laws remains confused and incoherent with the result of largely diverging laws and judicial practices at the national level. This argument is further supported by a comparative analysis of the British and Greek criminal bans on “hate speech” and the way they have been implemented so far. In view of the lack of a common standard and the negative repercussions it has on the exercise of individual rights and freedoms, regional and national authorities are urged to follow the efforts made at the international level for the adoption of a refined common standard on “incitement” on the basis of minimal interference with the exercise of the right to freedom of expression. The study concludes that notwithstanding important shortcomings characterizing criminal bans on “hate speech”, regulation of discriminatory speech is valuable and needed. |
| Supervisor | Sejal Parmar |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/pesinis_antonios.pdf |
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