A/78/538 resources to the eradication of hate speech. Moreover, article 7 of the Convention obligates States “to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups”. It is clearly indicated in paragraph 30 of the general recommendation that article 7 is key to addressing the root causes of hate speech and is one of the “appropriate means” by which States parties can uphold the prohibition of racial discrimination established in article 2 of the Convention. 43. Companies that provide digital platforms have a huge influence over the content and may have significant commercial interests entangled within the complex web of online racial hatred. States are the primary duty bearers under international human rights law. However, a multi-stakeholder approach is necessary to address the proliferation of online racist hate speech and, according to relevant international standards, companies have the responsibility to promote, respect and remedy human rights. 46 In the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (A/HRC/17/31, annex), it is outlined that companies have a responsibility to prevent, mitigate and remedy human rights violations that they may cause or contribute to and must conduct human rights due diligence with regard to relevant business activities. 47 The mandate of the Special Rapporteur on the right to freedom of expression and opinion has provided guidance on the human rights obligations of business entities to address online hate speech in accordance with the Guiding Principles. 48 In the mandate holder’s 2019 report on hate speech, it was recommended that companies should use the Guiding Principles to ensure the integration of human rights into the design of their products and conduct periodic reviews of the impact of products on human rights ( A/74/486, paras. 41–43). The report also indicates that the principles of legality, necessity and proportionality apply to business practices and provides guidance on how companies can uphold these principles (ibid., paras. 46–52). V. Challenges in addressing online racist hate speech 44. In the present section, the Special Rapporteur presents an analysis of some of what she perceives to be the most pertinent challenges. Legislative gaps 45. The Special Rapporteur acknowledges the information provided in many submissions from States about legislation that is aimed at addressing online hate speech. While it is beyond the scope of the present report to provide an assessment of those legislative provisions, the Special Rapporteur welcomes efforts to ensure that legislation is in place to address the dissemination of ideas that are based on racial superiority or hatred and incitement to racial discrimination, as well as all acts of violence or incitement to such acts. She is, however, concerned by global trends that reflect the significant gaps in legislative provisions in place to prevent and address online racist hate speech. __________________ 46 47 48 23-20290 United Nations Strategy on Hate Speech; submissions from Pakistan and the Federal Public Defenders’ Office of Brazil; and A/HRC/47/25. United Nations, “Countering and addressing online hate speech: a guide for policy makers and practitioners”, July 2023 and A/74/486, paras. 44 and 45. See A/74/486 and A/HRC/38/45. 15/22