Good afternoon!
Ukraine has ratified and undertakes to implement the International Covenant
on Civil and Political Rights, as well as the UN International Convention on the
Elimination of All Forms of Racial Discrimination, which prohibit incitement to
discrimination, hostility or violence.
The Ministry of Internal Affairs of Ukraine, shaping the policy of the central
executive authorities that are part of its system, directs efforts to overcome hate
speech, including those directed against minorities.
First of all, the National Police is instructed to carry out organizational and
practical measures to identify, record such illegal facts and bring offenders to
justice.
To this end, the National Police conducts daily monitoring of the media,
social-networking groups on the Internet, and checks information on illegal actions
committed due to racial, ethnic, religious hatred or on grounds of gender.
In 2020, about 130 criminal proceedings were launched involving offences
under the Article 161 of the Criminal Code of Ukraine, which provides for
criminal liability for violation of the equality of citizens depending on their racial,
national, religious beliefs, disability and other characteristics.
A part of them was launched based on the results of monitoring social
networks and mass media.
In fact, the criteria for identifying hate speech are often ambiguous or
contradictory.
It is necessary to clearly distinguish the line when the freedom of speech
guaranteed by the Constitution ends and “hate speech” begins.
An important role in this matter is played by expert research, which, when
investigating crimes, help to establish the facts of incitement, hostility, motives,
and circumstances of crimes associated with “hate speech”.