13th Session, Geneva, 19 and 20 November 2020
discrimination and inequalities, as warned the UN Special Rapporteur in a press release of 30
March 2020.
The UN Strategy and Plan of Action on Hate Speech states that hate speech may be
understood as any kind of communication in speech, writing or behaviour that attacks or uses
pejorative or discriminatory language with reference to a person or a group on the basis of
who they are, in other words, based on their religion, ethnicity, nationality, race, colour,
descent, gender or other identity factor. Rather than prohibiting hate speech as such,
international law prohibits the advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence, and hate speech falling within this category.
The right to freedom of expression can also be subjected to certain strict restrictions, under
international law.
Expressions of online hate speech and discrimination targeting, vilifying, or scapegoating
minorities often create a climate of intolerance and hostility that can contribute to exclusion
and marginalisation. Such online expressions of hate can result in or increase the chances of
human rights violations and abuses taking place offline against minorities. In the context of
conflict, humanitarian crises or economic and political instability, negative stereotypes against
vulnerable groups, including especially persons belonging to minorities, are often
exacerbated, and may lead to violence, and even atrocity crimes.
There is a need for careful and delicate efforts to ensuring the respect for the right to freedom
of opinion and expression while combating prohibited hate speech that overwhelmingly
targets and harms minorities. States are often putting pressure on internet companies and
social media platforms to remove online content that is deemed harmful, as well as
temporarily or permanently shut them down. These measures may unlawfully, illegitimately
and unnecessarily restrict the exercise of human rights, especially the right to freedom of
opinion and expression online.
Some internet companies and social media platforms are responding to pressure to remove
online content that is deemed harmful. Several concerns exist on the impact of content
moderation as conducted by social media platforms today. This includes the arbitrary removal
of content in the absence of any meaningful oversight mechanisms, but also the refusal to
remove content which contains hate speech and may fuel the stigmatisation, discrimination,
and even violence against minorities. Furthermore, some measures may have a
disproportionate impact upon or target mainly persons belonging to minorities, as well as
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