Dr. Kim also referred to hate speech in the internet. He pointed out that when the
internet appeared, it was expected that people would be able to share their experiences and
knowledge and promote mutual understanding. However, especially through social networking
services, hate speech by anonymous sender has caused serious risk to democratic society and
violation of human dignity. In countries where hate speech is not punished, victims must search
for the perpetrator and recover from damage on their own. He pointed out that access
providers and host providers rarely give information of a user. He provided examples on this
regard and on legislation adopted to address hate speech.
Dr. Kim concluded stating that hate speech is being recognised as a dangerous act of
inciting violence and social exclusion, especially in the light of the extent and speed of the
information remaining in the internet. He emphasised that unlawful and illegal postings must
be quickly deleted to avoid expansion and continuation of the damage of the victims and noted
that an international taskforce and legal measures regarding social networking service host
providers are urgently needed. He also declared that disclosure systems of the sending
information must be constructed and that codes of conduct for social networking service
providers must be made compulsory.
Ms. Agustina Del Campo, Director of the Center for Studies on Freedom of Expression
and Access to Information (CELE) stated that there is international consensus that Art 20
should be read in conjunction with art 19 and serve as a “lex specialis”. The prohibition of hate
speech with incitement is the only mandated speech prohibition on the ICCPR. Lacking
incitement, discriminatory speech can also be regulated and prohibited, ideally not through
criminal law but through civil and administrative law, as long as the restrictions fulfill the
requirements set out in article 19 of the Covenant.
Ms. Del Campo noted that despite existing efforts like the Rabat Plan, the lack of a clear
and unambiguous definition of hate speech constitutes one of the main challenges towards the
complementarity that should exist between articles 19 and 20 ICCPR. She added that current
trends in the use and abuse of the term “hate speech” put political speech, dissent and also
minority speech, at risk. She stated that it is necessary to be mindful of the relationship
between intermediary liability law and international human rights law.
Ms. Del Campo noted that there is agreement that criminal liability for hate speech
should be an exception reserved for instances that carry incitement and that for other
discriminatory speech, civil or administrative measures are preferred. She added that the
international community has consistently recommended education, campaigns, counter
speech, and access to information as least restrictive and more effective means to combat
discrimination. She pointed out that clear domestic legislative and institutional frameworks are
essential to guarantee accountability for hate speech, promote equality and respect freedom of
speech and expression.
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