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communication applications. The Special Rapporteur also received information about
the existence of racist hate speech in online gaming environments. 9 Certain
manifestations of online racist hate speech are serious enough to be considered
incitement to discrimination, hatred or violence, which is prohibited under
international human rights law. The Special Rapporteur elaborates on the criteria
established by international law for determining when hate speech should be
considered incitement in section IV.
Nexus between online racist hate speech and disinformation and misinformation
16. Online racist hate speech can be linked to the dissemination of mis information
and disinformation. 10 The Special Rapporteur recognizes the lack of definitions for
misinformation and disinformation within the international human rights law
framework, as well as some of the inherent challenges of defining these concepts, as
discussed by the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression in her 2021 report to the Human Rights Council
on disinformation (A/HRC/47/25, paras. 9–15). For the purpose of the present report,
the Special Rapporteur has aligned herself with the definition presented in the
aforementioned report, which states that “disinformation is understood as false
information that is disseminated intentionally to cause serious social harm and
misinformation as the dissemination of false information unknowingly” (para. 15).
17. The Special Rapporteur asserts that disinformation and misinformation are
distinct from online racist hate speech. While the focus of the present report is on
online racist hate speech, she believes that it is important, however, to recognize that
there is a nexus between online racist hate speech on the one hand and disinformation
and misinformation on the other, in particular in an online context. As elaborated on
below, the way that communications and materials are shared in the online context
provides for their rapid and wide-reaching dissemination and can, therefore, be fertile
ground for disinformation and misinformation. 11
Rapid spread and vast reach of online racist hate speech
18. Given that anyone with access to the Internet can quickly communicate and
spread materials and that there is little control over their credibility, veracity and
potential to cause harm, the Internet serves as a tool for spreading racism, racial hatred
and ideas of racial superiority. Such communications and materials, including online
racist hate speech, can be spread quickly because of the ability of those sharin g
content to sometimes be anonymous online, as well as the broad reach of online
platforms, given that they have become integrated into the everyday lives of people
around the world, and the ease and commonplace nature of sharing such
communications and materials on digital and social media platforms. 12 Furthermore,
communications and materials shared online, such as images, memes and short
videos, are often highly superficial, which makes it difficult for the users of digital
platforms to contextualize and fact-check what is presented. 13
19. Another crucial factor in the rapid spread and powerful reach of online racist
hate speech is the use of content-shaping algorithms by online platforms to determine
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23-20290
Submission from Mazidatun Maftukhah.
Submission from Maat for Peace, Development and Human Rights Association.
Submissions from Ecuador, Guatemala, Morocco and Romania, as well as from FakeReporter,
the National Human Rights Commission of Mexico, Kailash Union and the Federal Public
Defenders’ Office of Brazil.
Submissions from the Kingdom of the Netherlands and WYK Advocate.
Submission from the Federal Public Defenders’ Office of Brazil and Nuurrianti Jalli, “TikTok’s
poor content moderation fuels the spread of hate speech and misinformation ahead of Indonesia
2024 elections”, The Conversation, 10 April 2023.
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