PART FIVE: DISCRIMINATION AND EXPRESSION
promotion of diversity may be especially important in the immediate aftermath of an incident of hate speech
or incitement, and when tensions are escalating in a society.”1210
Such measures can be both remedial – that is, part of a governmental or institutional response to a specific
incident or pattern of hate speech – and proactive – that is, directed at challenging prejudice, stigma, stereotypes
and other drivers of discrimination. Both remedial and proactive measures have a strong basis in international
law.1211 Indeed, States’ positive obligations to combat stereotypes, stigma and prejudice are the focus of part
six of the present guide.
ADDRESSING THE DISCRIMINATORY IMPACTS OF ALGORITHMIC SYSTEMS
The emerging use of algorithmic systems by both public and private actors has fundamentally altered
the way we live our lives. The actual and potential discriminatory and human rights impacts of the use
of such technologies are myriad and as such have been the subject of important analyses by the special
procedures of the Human Rights Council.1212
Role of algorithmic systems in spreading and fuelling hate speech
PART FIVE
Particularly concerning is the role of the use of algorithmic systems in spreading hate speech and
incitement to discrimination and violence. In the 2021 thematic report on hate speech, social media and
minorities, the Special Rapporteur on minority issues highlighted concerns with the business model of
social media platforms, such as Facebook, Google, YouTube and Twitter, which aimed at maximizing
profit by designing and using algorithms that enabled advertisers to target audiences with precision.1213
These systems amplify content to keep users engaged but “they are also echo chambers that are too often
narrow sources of information and concentrate bias and prejudices”.1214 This model has the consequence
of diverting individuals towards extreme, often hateful, obsessive content.1215 The Special Rapporteur
referred to evidence that almost two out of three people who joined an extremist group did so because
of the recommendations pushed forward by algorithms in social media, and noted that that had been
the “driving force behind an explosion of hate, radicalization, dehumanization, scapegoating, incitement
to genocide and advocacy of hatred that constitutes incitement to violence, hostility or discrimination
against minorities in social media, leading to alarming increases in hate crimes and atrocities”.1216
The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and
related intolerance has also highlighted the reliance on these platforms by neo-Nazi and other white
supremacist groups to recruit, raise funds and coordinate.1217 The use of algorithms has also been shown
to contribute and accentuate the hate and harm experienced by groups exposed to discrimination. The
Special Rapporteur on minority issues has highlighted examples of social media bots being manipulated
into using Islamophobic and white supremacist slurs,1218 while the independent international fact-finding
mission on Myanmar has noted the use of Facebook to exacerbate hate speech against the Rohingya.1219
1210
United Nations, United Nations Strategy and Plan of Action on Hate Speech: Detailed Guidance on Implementation for United Nations
Field Presences, pp. 5–6.
1211
See, for example, discussion of societal and institutional remedies in section II.D of part two of the present guide and discussion in
chapter V of part two and chapters I and II of part six of States’ proactive obligations arising under provisions such as the International
Convention on the Elimination of All Forms of Racial Discrimination, art. 7; Convention on the Elimination of All Forms of
Discrimination against Women, art. 5; and Convention on the Rights of Persons with Disabilities, art. 24.
1212
A non-exhaustive list of reports by special procedures relevant to new technologies is available at www.ohchr.org/Documents/HRBodies/SP/
List_SP_Reports_NewTech.pdf.
1213
A/HRC/46/57, paras. 68–69.
1214
Ibid., para. 68.
1215
Ibid., para. 69.
1216
Ibid., para. 70.
1217
A/HRC/41/55.
1218
A/HRC/46/57, para. 73.
1219
A/HRC/42/50, para. 72.
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