Unintended consequences of the criminalisation of hate speech in the light of the European Commission's proposal
Abstract
With the development of the Internet and social media, there has been an increase in the number of hate speech aimed at inciting, spreading or promoting hatred against certain groups of people. As a consequence, there is a growing political demand for more consistent criminalization of verbal offences.
The European Commission also recognises the social harm of such behaviour. At the end of 2021, it presented a non-legislative proposal outlining its thoughts on extending the list of so-called European crimes to include hate speech and hate crime.
At the first glance, this may seem like a good idea. However, a closer look, especially through the lens of criminal law argumentation, leads to the conclusion that the benefits of such a change are at least highly questionable.
The emphasis on further criminalization of verbal offences rather contradicts some of the principles of criminal law and in effect reduces its legitimacy. This raises question of whether the European Commission's current proposals are rational and whether it would be more sensible to take the path of at least partial decriminalisation of verbal offences.