Freedom of Speech versus Hate Speech: Supranational and Comparative Perspectives

This thesis aims to investigate the topics of freedom of expression and hate speech, as well as their regulation in continental Europe. The right to freedom of expression represents a fundamental human right safeguarded by international treaties such as the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. It stands as a cornerstone of any democratic society, ensuring the enjoyment of other essential human rights, including freedom of association, opinions, and academic freedom. Hate speech, a concept lacking a universally agreed-upon definition encompasses messages that degrade individuals based on characteristics such as race, skin colour, or ethnic origin. This thesis addresses freedom of expression, encompassing its definition, limitations, and protection within international treaties, with a particular emphasis on Article 10 of the European Convention on Human Rights. Additionally, it examines hate speech within the international framework and strategies for addressing hate crimes, including the European Court of Human Rights’s case law and the European Union’s Code of Conduct on Countering Illegal Hate Speech Online. Lastly, it sheds light on the disparities between Sweden and Serbia regarding their approach to freedom of expression, media freedom, and hate speech. Freedom of expression can be restricted in exceptional circumstances: the European Court of Human Rights has a three-part test to determine when a state can limit this freedom, and Article 10 of the European Convention on Human Rights outlines guaranteed freedoms and circumstances for intervention. However, the case law of the European Court of Human Rights does not specifically address media freedom. Hate speech is regulated in many democratic nations, with national laws restricting speech on discriminatory topics and criminal laws imposing injunctions against language that incites conflict or demonstrates prejudice. The European Convention on Human Rights emphasises the need to investigate and penalise acts of hostility directed at individuals. The voluntary approach of the Code of Conduct on Countering Illegal Hate Speech Online allows for less intrusive intervention but lacks fundamental protections for free speech rights. The Swedish Constitution and the Serbian Constitution both prohibit hate speech, but the latter does not explicitly mention online impartiality. Both of them preserve rights to debate, opinion, speech, media, mind, morality, faith, and religion.