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103. Traditional and contemporary media have enormous potential to foster
knowledge, understanding and acceptance of diversity. Media can also be misused as a
forum for stigmatization, discrimination, exclusion and, in the worst cases, incitement
of violence. Contemporary media, particularly new digital media, due to its
immediacy, universal scope, accessibility, interactive nature and the difficulty of
regulating it, have become accessible platforms for spreading hate speech.
104. Several factors influence the extent and prevalence of hate speech in the media,
including the absence of or unclear legislation on incitement to hatred, negative and
stereotyped portrayal of minorities, limited access and representation of minorities in
the media, structural inequalities, the changing media landscape and the emerging
and more organized forms of extremist and populists movements.
105. The Special Rapporteur urges States to adopt domestic legislation, in
conformity with article 20 of the International Covenant on Civil and Political Rights,
prohibiting any “advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence”.
106. Legislation must fully respect the right to freedom of speech and expression
and avoid any arbitrary or abusive interpretation of anti-hate speech laws. States
should establish proportionate thresholds for the assessment of forms of expression
which may amount to incitement to hatred, including careful consideration, on a caseby-case basis, of the context, speaker, intent, content, extent or magnitude and
likelihood or probability of harm occurring. Legislation prohibiting incitement to
hatred should provide effective and adequate remedies to victims, including civil
remedies for damages, and guarantee the right of correction and reply.
107. The Special Rapporteur calls upon all States to adopt the Rabat Plan of Action
on the prohibition of advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence when implementing or revising their
domestic legal framework on hate speech.
108. The Special Rapporteur emphasizes that there are several non-legal ways and
means to tackle hate speech. Public condemnation of hate speech by political leaders,
parliamentarians, party members, other public figures and community leaders can
shape public perceptions and contribute to unity and social cohesion. Democratic
political parties need to find effective tools and outreach strategies to counterbalance
hate messages spread by extremist forces and parties.
109. The establishment of institutions dedicated to minority issues, with mandates to
train, monitor and act on issues relevant to intercommunal relations and harmony,
objective portrayal of and peace between diverse population groups, especially
regarding relevant threats, such as incitement to religious or racial hatred, is
desirable.
110. Media outlets should maintain the highest standards of ethical journalism,
avoid stereotyping of individuals and groups and report in a factual and impartial
manner. Media outlets should adopt codes of ethics and conduct for the exercise and
promotion of ethical standards. The participation of minority professionals in media
outlets in all roles and levels is essential to ensuring objective and non-stereotypical
portrayal of minorities. Media outlets should implement programmes to train, recruit
and support media workers belonging to minority groups.
111. Specific training in minority issues should be provided to media professionals
by media outlets to help journalists improve coverage and produce accurate, in-depth
and informed reporting on minority-related issues.
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