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30. The negative impact on individuals and groups who are targeted by online racist
hate speech is significant, in particular given that they can be repeatedly exposed to
pejorative and discriminatory speech. Online racist hate speech can have a significant
and cumulative impact on the mental health of those targeted. The impact of online
hatred can be compounded by chronic stress, which is experienced following
exposure to other manifestations of racism and racial discrimination, as well as
additional and intersecting forms of discrimination. Experiences of online racist hate
speech, including those which directly target an individual and those that espouse
more general racial hatred, are associated with decreased self-esteem, lower academic
or professional performance and/or increased rates of alcohol and drug use among
those targeted. 33 The Special Rapporteur is concerned about the online targeting of
children and young people from racial and ethnic groups, including in the context of
bullying, and the profound and lasting impact of this during their formative years. 34
Submissions received by the Special Rapporteur highlighted the vulnerability of
children and young people in certain online environments, including online gaming. 35
31. Racist hate speech, including that which is disseminated online, also has a
powerful detrimental effect at the societal level, destroying the social fabric of
communities and undermining the norms of human rights and democracy, including
equality and non-discrimination. 36 As noted by the Secretary-General at the launch of
the United Nations Strategy on Hate Speech: “Hate speech is in itself an attack on
tolerance, inclusion, diversity and the very essence of our human rights norms and
principles. More broadly, it undermines social cohesion, erodes shared values, and
can lay the foundation for violence, setting back the cause of peace, stability,
sustainable development and the fulfilment of human rights for all.” General
recommendation No. 35 (2013) also captures the society-wide impact of racist hate
speech. In paragraph 5, it is made clear that speech can make a significant contribution
to the creation of a climate of racial hatred and discr imination.
IV. Online racist hate speech and relevant international human
rights standards
32. Article 4 is a central article of the International Convention on the Elimination
of All Forms of Racial Discrimination. As highlighted in paragraph 10 of general
recommendation No. 35 (2013), article 4 of the Convention “comprises elements
relating to speech and the organizational context for the production of speech, serves
the functions of prevention and deterrence, and provides for sanctions when
deterrence fails”. The chapeau of article 4 explicates the obligation of States to
address incitement to racial discrimination. It makes clear that States must take
“immediate and positive measures designed to eradicate all incitement to, or acts of,
such discrimination”. Furthermore, in paragraph 16 of general recommendation
No. 35 (2013), it is indicated that: “Incitement characteristically seeks to influence
others to engage in certain forms of conduct, including the commission of crime,
through advocacy or threats. Incitement may be express or i mplied, through actions
such as displays of racist symbols or distribution of materials as well as words.”
General recommendation No. 35 (2013) also describes the provisions in article 4 (a)
of the Convention and outlines how States parties “shall declare an offence punishable
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34
35
36
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Submission from the Federal Public Defenders’ Office of Brazil and Koustuv Saha, Eshwar
Chandrasekharan and Munmun De Choudhury, “Prevalence and psychological effects of hateful
speech in online college communities”, PubMed Central, June 2019.
Submissions from Mauritius and Mazidatun Maftukhah.
Submission from Mazidatun Maftukhah.
United Nations Strategy on Hate Speech and submissions from Ireland and Uruguay, as well as
from LabSul.
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