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Article 44
1. Persons belonging to minorities shall be protected in law and in fact against advocacy of
national, racial or religious or belief, or linguistic hatred that constitutes incitement to
discrimination, hostility or violence. Criminal prosecutions for incitement to discrimination,
hostility or violence shall meet the six-parts threshold test of the Rabat Plan of Action to be
permissible limitations to freedom of expression.
2. Persons belonging to minorities shall be protected from hate speech and other forms of
discriminatory practices which do not reach the level of advocacy of national, racial, ethnic,
religious or belief, or linguistic hatred that constitutes incitement to discrimination, hate or
violence. Legislation setting out the liability of individuals, organisations and other entities,
including in social media platforms, shall be adopted which set out financial and other forms of
liability, in full respect of international human rights obligations, and in particular freedom of
expression.
Article 45
States Parties shall not prohibit criticism directed at, or debate about, particular ideas, beliefs or
ideologies, or culture or cultural institutions, or religious or beliefs institutions, unless such
expression constitutes hate speech.
Article 46
States Parties shall ensure that persons who belong to minorities and others who have suffered
actual harm as a result of incitement to hatred or violence have a right to an effective remedy,
including a civil or non-judicial remedy for damages.
Article 47
States Parties shall impose obligations on public officials at the local, district, municipal,
regional, national, executive, legislative, judicial and other levels, to avoid making statements
that promote or are likely to promote discrimination or undermine equality and intercultural
understanding, particularly as they relate to minorities. States Parties shall in particular prohibit
negative stereotyping of minorities in school curriculum and materials. For civil servants, this
shall be reflected in formal codes of conduct or employment rules.
Article 48
States Parties shall adopt measures to combat negative stereotypes of, and discrimination against
minorities and to promote intercultural dialogue and understanding, including by providing
training on human rights values and principles and by introducing or strengthening intercultural
understanding and minority history and contributions as a part of the school curriculum for
pupils and students of all ages.
Article 49
States Parties shall impose obligations on public service broadcasters to avoid negative
stereotypes against minorities and require them to promote intercultural dialogue and to foster
a better understanding of different minority communities and the issues they face. This shall