A/HRC/28/64 fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance” (art. 28). The American Convention on Human Rights states that: “any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law” (art. 13.5). 50. The European Court of Human Rights, in its recommendations and jurisprudence on the European Convention on Human Rights, has identified a number of forms of expression which are considered offensive and contrary to the Convention, including racism, xenophobia, anti-Semitism, aggressive nationalism and discrimination against minorities and immigrants.12 The Court makes a distinction between genuine and serious incitement to extremism and, on the other hand the right of individuals (including journalists and politicians) to express their views freely and to “offend, shock or disturb” others. Other relevant standards include the Council of Europe Convention on Cybercrime and its Additional Protocol and the Council Framework Decision 2008/913/JHA on combating certain forms and expression of racism and xenophobia by means of criminal law. IV. Factors that lead to hate speech and incitement to hatred in the media 51. Hate speech has been described as “the special scourge of minorities and indigenous peoples”.13 Unfortunately, hate speech and incitement to hatred are on the rise in many countries across all continents and these hateful messages are frequently transmitted through traditional media and the Internet. A number of factors are involved in making minority groups the targets of hate speech in the media. A. Absence of or unclear legislation on incitement to hatred 52. There is no universally accepted definition of “hate speech”. The term encompasses a wide array of hateful messages, ranging from offensive, derogatory, abusive and negative stereotyping remarks and comments, to intimidating, inflammatory speech inciting violence against specific individuals and groups. Only the most egregious forms of hate speech, namely those constituting incitement to discrimination, hostility and violence, are generally considered unlawful. Cultural paradigms must be understood and taken into account when considering whether certain comments or images constitute hate speech, incitement or defamation, and States have a margin of appreciation in establishing such thresholds. Nevertheless, a balance must be struck that does not unduly restrict the rights of individuals or place individuals under the threat of violence. 53. Discussion over what constitutes hate speech poses a recurring dilemma vis-à-vis the right to freedom of expression and its limits. It remains necessary to protect freedom of expression while at the same time guaranteeing the rights of others, public order and, in some cases, national security. Nevertheless, as stressed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, far from being 12 13 Council of Europe, Recommendation No. R 97 (20) of the Committee of Ministers to Member States on “hate speech”, adopted on 30 October 1997, at the 607th meeting of the Minister’s Deputies. Susan Benesch, “Defining and diminishing hate speech”, in Freedom from hate, State of the World’s Minorities and Indigenous Peoples 2014, Peter Grant, ed. (London, Minority Rights Group International, July 2014). 11