Hate speech

Hate speech

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Hate speech is a term for speech that attacks or disparages a person or group of people based on their social or ethnic group[1], such as race, gender, age, ethnicity, nationality, religion or lack thereof, sexual orientation, gender identity, disability, language ability, ideology, social class, occupation, appearance (height, weight, skin color, etc.), mental capacity, and any other distinction that might be considered by some as a liability. The term covers written as well as oral communication and some forms of behaviors in a public setting. It is also sometimes called antilocution and is the first point on Allport's scale which measures prejudice in a society.

Critics have claimed that the term "Hate Speech" is a modern example of Newspeak, used to silence critics of social policies that have been poorly implemented in a rush to appear politically correct.[2][3][4]
Contents
[hide]

* 1 Speech codes
* 2 Laws against hate speech
o 2.1 Australia
o 2.2 Brazil
o 2.3 Canada
o 2.4 Council of Europe
o 2.5 Croatia
o 2.6 Denmark
o 2.7 Finland
o 2.8 France
o 2.9 Germany
o 2.10 Iceland
o 2.11 India
o 2.12 Ireland
o 2.13 Jordan
o 2.14 Netherlands
o 2.15 New Zealand
o 2.16 Norway
o 2.17 Serbia
o 2.18 Singapore
o 2.19 South Africa
o 2.20 Sweden
o 2.21 Switzerland
o 2.22 United Kingdom
o 2.23 United States
+ 2.23.1 Hate speech in U.S. professional and educational contexts
* 3 Differing concepts of what is offensive
* 4 See also
* 5 References
* 6 External links

[edit] Speech codes
This article may contain original research or unverified claims. Please improve the article by adding references. See the talk page for details. (September 2007)

Various institutions in the United States and Europe began developing codes to limit or punish hate speech in the 1990s, on the grounds that such speech amounts to discrimination. Thus, such codes prohibit words or phrases deemed to express, either deliberately or unknowingly, hatred or contempt towards a group of people, based on areas such as their ethnic, cultural, religious or sexual identity, or with reference to physical health or mental health. There has been an increase of prohibition of terms regarded as "hate speech" based on socio-economic class in the United States, same goes to regional slurs and comments in Europe. But for many North Americans and western Europeans, hate speech has become unacceptable (at least in public), immoral and sometimes, it is taboo to use certain words or discuss certain subjects they fear may be offensive or illegal. In some contexts it may also be offensive or illegal to challenge the rights of individuals based on any or all of the above criteria.

In addition to legal prohibition in many jurisdictions, prohibitions on the use of hate speech have been written into the bylaws of some governmental and non-governmental institutions, such as private universities, trade unions and other organizations (see below), though the use of speech codes in public universities in the United States is illegal, because public universities, as agents of the State, are Constitutionally restricted from regulating or penalizing speech based on content. Its use is also frowned upon by many publishing houses, broadcasting organizations and newspaper groups. However, most business corporations adapted strict rules and regulations concerning verbal conduct at the workplace. These are similar to anti-hate speech laws and any employee caught in a violation of anti-hate speech codes may be dismissed. Many schools and universities have speech codes restricting some free speech. Hate speech codes are rules intended to ensure an atmosphere free from harassment and intimidation, conducive to a learning environment. Many academics have criticised these policies, arguing they are an impediment for free and uncensored discussion on controversial topics. Moreover, it is argued that the very concept of harassment is often misused and frequently cheapened, interpreting criticism (of a faith, opinion, or lifestyle) as something traumatic and harmful. Opponents of hate speech codes maintain that debate is essential to searching for the truth, and hate speech codes interfere with this mandate by silencing discussion from the very start (becoming censorship). They maintain that "harassment" should only be interpreted as a direct personal threat. They also argue that students should be confronted with perspectives they can find repulsive, as it will help strengthen their own arguments and ultimately achieve a more sturdy, well-rounded understanding of the issue.

One organization active in opposing campus speech codes is the Foundation for Individual Rights in Education, or FIRE.
[edit] Laws against hate speech

In many countries, deliberate use of hate speech is a criminal offence prohibited under incitement to hatred legislation.
[edit] Australia
Main article: Hate speech laws in Australia

Australia's hate speech laws vary by jurisdiction, and seek especially to prevent victimisation on account of race.
[edit] Brazil

In Brazil, according to the 1988 Brazilian Constitution, racism and other forms of race-related hate speech are "imprescriptible crime(s) with no right to bail to its accused".[5] In 2006, a joint-action between the Federal Police and the Argentinian police has cracked down several hate-related websites. However, some of these sites have recently reappeared—the users have re-created the same sites on American domain. The federal police have asked permission from the FBI to crack down these sites, but the FBI denied, stating that the First Amendment guarantees the right to any speech, even if it involves racism.
[edit] Canada
Main article: Hate speech laws in Canada

In Canada, advocating genocide or inciting hatred[6] against any 'identifiable group' is an indictable offence under the Criminal Code of Canada with maximum terms of two to fourteen years. An 'identifiable group' is defined as 'any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.' It makes exceptions for cases of statements of truth, and subjects of public debate and religious doctrine. The landmark judicial decision on the constitutionality of this law was R. v. Keegstra (1990).
[edit] Council of Europe

The Council of Europe has worked intensively on this issue. While Article 10 of the European Convention on Human Rights does not prohibit criminal laws against revisionism such as denial or minimization of genocides or crimes against humanity, as interpreted by the European Court of Human Rights, the Committee of Ministers of the Council of Europe went further and recommended to member governments to combat hate speech under its Recommendation R (97) 20. The Council of Europe also created the European Commission against Racism and Intolerance (www.coe.int/ecri ) which has produced country reports and several general policy recommendations, for instance against anti-Semitism and intolerance against Muslims.
[edit] Croatia

Croatian constitution guarantees freedom of speech, but Croatian penal code prohibits and punishes who based on racial, religious, language, political or any other belief, wealth, birth, education, social status or other properties, gender, skin color, nationality or ethnicity violates basic human rights and freedoms recognized from international community.[7]
[edit] Denmark

Denmark prohibits hate speech, and defines it as publicly making statements that threaten, ridicule or hold in contempt a group due to race, skin colour, national or ethnic origin, faith or sexual orientation.[8]
[edit] Finland

Finland prohibits hate speech, kiihotus kansanryhmää vastaan/hets mot folkgrupp, and defines it as publicly making statements that threaten or insult a national, racial, ethnic or religious group or a similar group.[9]
[edit] France

France prohibits the publication of material which is defamatory or insulting, or which incites discrimination, hatred, or violence against a person or a group of persons on account of place of origin, ethnicity or lack thereof, nationality, race, religion, sex, sexual orientation or handicap.[10]

The law also prohibits declarations that eulogize war crimes and crimes against humanity[11] and those that deny crimes against humanities, as defined by the statutes International Military Tribunal of Nuremberg, committed by individuals or organizations convicted for these crimes by this tribunal, French or foreign courts (e.g. the Jewish Holocaust).[12] See Loi Gayssot and Holocaust denial.

French law allows a plaintiff to launch an action on account of hate speech in a criminal court or in a civil court. The Public Prosecutor can turn a civil action into a criminal action. The penalties include imprisonment, a fine, or both.[13]

In 2002, a court found writer Michel Houellebecq not guilty of inciting racism for saying during an interview that Islam was "the stupidest religion", among other quotations.[14][15]

In 2006, Paris Mosque, the Union of Islamic Organizations of France, and the World Islamic League began its suit against Charlie-Hebdo magazine and its director Philippe Val for publishing caricatures of the Prophet Muhammad. The Islamic organizations complained that the caricatures, which were from a Danish newspaper, Jyllands-Posten, insulted Muslims. On 22 March 2007, a court ruled against the plaintiffs.[16]

In 2007, a correctional tribunal in Lyon sentenced Bruno Gollnisch to a three-month, suspended prison-term and a fine of €55,000 for the offense of verbal contestation of the existence of crimes against humanity because of his remarks about the Holocaust.

In 2008, legendary French actress Brigitte Bardot was convicted for the fifth time for inciting racial hatred. The Movement Against Racism and for Friendship between Peoples (MRAP) filed the charge against Bardot because, in a letter to the government about the Muslim festival of Eid-al-Kabir, she complained about "this population that leads us around by the nose, [and] which destroys our country." [17]

[edit] Germany

In Germany Volksverhetzung ("Sedition") is a punishable offense under Section 130 of the Strafgesetzbuch (Germany's criminal code) and can lead to up to five years imprisonment. Section 130 makes it a crime to publicly incite hatred against parts of the population or to call for violent or arbitrary measures against them or to insult, maliciously slur or defame them in a manner violating their (constitutionally protected) human dignity. Thus for instance it is illegal to publicly call certain ethnic groups "maggots" or "freeloaders". Volksverhetzung is punishable in Germany even if committed abroad and even if committed by non-German citizens, if only the incitement of hatred takes effect within German territory, e.g. the seditious sentiment was expressed in German writ or speech and made accessible in Germany (German criminal code's Principle of Ubiquity, Section 9 §1 Alt. 3 and 4 of the Strafgesetzbuch).
[edit] Iceland

In Iceland, the hate speech law is not confined to inciting hatred, as one can see from Article 233 a. in the Icelandic Penal Code, but includes simply expressing such hatred publicly:

"Anyone who in a ridiculing, slanderous, insulting, threatening or any other manner publicly assaults a person or a group of people on the basis of their nationality, skin colour, race, religion or sexual orientation, shall be fined or jailed for up to 2 years." (The word "assault" in this context does not refer to physical violence, only to expressions of hatred.)

[edit] India
Main article: Hate speech laws in India

India prohibits any manner of expression which someone might consider insulting to his religion or which for whatever reason might disturb public tranquility.
[edit] Ireland

In Ireland, the right to free speech is guaranteed under the Constitution (Article 40.6.1.i). However, the Prohibition of Incitement to Hatred Act, proscribes words or behaviours which are "threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred" against "a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation."[18]
[edit] Jordan

In 2006, two Jordanian newspaper editors were jailed for two months after being found guilty of "attacking religious sentiment." The editors had reprinted cartoons from the Danish newspaper Jyllands-Posten.[19]
[edit] Netherlands

In January 2009, a court in Amsterdam ordered the prosecution of Geert Wilders, a Dutch Member of Parliament, "for inciting hatred and discrimination, based on comments by him in various media on Muslims and their beliefs."[20]
[edit] New Zealand

New Zealand prohibits hate speech under the Human Rights Act 1993. Section 61 (Racial Disharmony) makes it unlawful to publish or distribute "threatening, abusive, or insulting...matter or words likely to excite hostility against or bring into contempt any group of persons...on the ground of the colour, race, or ethnic or national or ethnic origins of that group of persons." Section 131 (Inciting Racial Disharmony) lists offences for which "racial disharmony" creates liability.
[edit] Norway

Norway prohibits hate speech, and defines it as publicly making statements that threaten or ridicule someone or that incite hatred, persecution or contempt for someone due to their skin colour, ethnic origin, homosexual life style or orientation or, religion or philosophy of life.[21]
[edit] Serbia

Serbia - Serbian constitution guarantees freedom of speech, but declares that it may be restricted by law to protect rights and respectability of others. Because of inter ethnic conflicts during last decade of 20th century, Serbian authorities are very rigorous about ethnic, racial and religion based hate speech. It is processed as "Provoking ethnic, racial and religion based animosity and intolerance" criminal act, and punished with six months to ten years of imprisonment.[citation needed][22]
[edit] Singapore

Singapore has passed numerous laws that prohibit speech that causes disharmony among various religious groups. The Maintenance of Religious Harmony Act is an example of such legislation. In 2005, three men were convicted for hate speech under the Law of Singapore.[citation needed] The Penal Code criminalizes the deliberate promotion by someone of enmity, hatred or ill-will between different racial and religious groups on grounds of race or religion. It also makes it an offence for anyone to deliberately wound the religious or racial feelings of any person.
[edit] South Africa

Act No. 4 of 2000: Promotion of Equality and Prevention of Unfair Discrimination Act.[23] contains the following clause:

10. (1) Subject to the proviso in section 12. no person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to -

(a) be hurtful;
(b) be harmful or to incite harm;
(c) promote or propagate hatred.

The crime of crimen injuria ("unlawfully, intentionally and seriously impairing the dignity of another.")[24] may also be used to prosecute hate speech. [25]
[edit] Sweden

Sweden prohibits hate speech, hets mot folkgrupp, and defines it as publicly making statements that threaten or express disrespect for an ethnic group or similar group regarding their race, skin colour, national or ethnic origin, faith or sexual orientation.[26]

The sexual orientation provision, added in 2002[27], was used to convict Pentecostalist pastor Åke Green of hate speech based on a 2003 sermon citing biblical passages concerning homosexuality. His conviction was later overturned.
[edit] Switzerland

In Switzerland public discrimination or invoking to rancor against persons or a group of people because of their race, ethnicity, is getting penalized with a term of imprisonment until 3 years or a mulct.
[edit] United Kingdom

In the United Kingdom, the Public Order Act 1986 prohibits, by its Part 3, expressions of racial hatred. "Racial hatred" is defined as hatred against a group of persons by reason of the group's colour, race, nationality (including citizenship) or ethnic or national origins. Section 18 of the Act says:

A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if—

(a) he intends thereby to stir up racial hatred, or

(b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.

Offences under Part 3 carry a maximum sentence of seven years imprisonment or a fine or both.

The Racial and Religious Hatred Act 2006 amended the Public Order Act 1986 by adding Part 3A. That Part says, "A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if he intends thereby to stir up religious hatred." The Part protects freedom of expression by stating in Section 29J:

Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system.

The Criminal Justice and Immigration Act 2008 amended Part 3A of the Public Order Act 1986. The amended Part 3A adds, for England and Wales, the offence of inciting hatred on the ground of sexual orientation. All the offences in Part 3 attach to the following acts: the use of words or behaviour or display of written material, publishing or distributing written material, the public performance of a play, distributing, showing or playing a recording, broadcasting or including a programme in a programme service, and possession of inflammatory material. In the circumstances of hatred based on religious belief or on sexual orientation, the relevant act (namely, words, behaviour, written material, or recordings, or programme) must be threatening and not just abusive or insulting. [28]
[edit] United States

The United States federal government and state governments are broadly forbidden by the First Amendment of the Constitution from restricting speech. See, e.g., Gitlow v. New York (1925), incorporating the free speech clause. Generally speaking, the First Amendment prohibits governments from regulating the content of speech, subject to a few recognized exceptions such as defamation[29] and incitement to riot.[30] Even in cases where speech encourages illegal violence, instances of incitement qualify as criminal only if the threat of violence is imminent.[31] This strict standard prevents prosecution of many cases of incitement, including prosecution of those advocating violent opposition to the government, and those exhorting violence against racial, ethnic, or gender minorities. See, e.g., Yates v. United States (1957), Brandenburg v. Ohio (1969).
[edit] Hate speech in U.S. professional and educational contexts

Under Title VII of the Civil Rights Act of 1964, employers may sometimes be prosecuted for tolerating "hate speech" by their employees, if that speech contributes to a broader pattern of harassment resulting in a "hostile or offensive working environment" for other employees.[32] See, e.g., Meritor Savings Bank v. Vinson (1986), Patterson v. McLean Credit Union (1989).

Both public and private educational institutions in the United States frequently adopt rules prohibiting stigmatization on the basis of attributes such as race, sexual orientation, religion, disability, or national origin. In the 1980s and 1990's, more than 350 public universities adopted "speech codes" regulating discriminatory speech by faculty and students.[33] These codes have not fared well in the courts, where they are frequently overturned as violations of the First Amendment. See, e.g., Doe v. Michigan (1989), UWM Post v. Board of Regents of University of Wisconsin (1991), Dambrot v. Central Michigan University (1995), Corry v. Stanford (1995). Debate over restriction of "hate speech" in public universities has resurfaced with the adoption of anti-harassment codes covering discriminatory speech.[34]
[edit] Differing concepts of what is offensive
This article may contain original research or unverified claims. Please improve the article by adding references. See the talk page for details. (September 2007)

A central aspect of the hate speech debate is that concepts of what is acceptable and unacceptable differ, depending on eras in history and one's cultural and religious background. For example, personalised criticism of homosexuality (e.g., expressing the belief that homosexuality is "immoral" or harmful because it conflicts with a person's religious beliefs) is, to some, a valid expression of one's values; to others, however, it is an expression of homophobia and is therefore homophobic hate speech. Prohibition in such cases is seen by some as an interference in their rights to express their beliefs. To others, these expressions generate harmful attitudes that potentially cause discrimination.

Furthermore, words which once "embodied" negative hate speech connotations, such as 'queer' or 'faggot' against homosexuals, 'nigger' against people of African origin, 'retard' and 'retarded' against the mentally and/or physically disabled, and 'bitch' against women, have themselves been reclaimed by their respective groups or communities, who attached more positive meanings to the words, so undermining their value to those who wish to use them in a negative sense. Significations differ following the context, as Judith Butler argues. However, others argue that such epithets demean and undermine these very individuals and so should qualify as hate speech. This point of view has been vehemently articulated by influential and well-known members of minority communities. As an example, the use of the word "nigger" by African Americans has been condemned by Bill Cosby[35], Rev. Jesse Jackson[36], Richard Pryor and Rev. Ben Chavis, Jr[37], among others.

Concepts of what qualifies as hate speech broadened in the late twentieth century to include certain views expressed from an ideological standpoint. For instance, some feminists consider jokes about women or lesbians to be hate speech. Recently, the Canadian government added sexual orientation to the list of relevant characteristics eligible for protection from hate speech. Not everyone accepts that there is a difference between classic forms of hate speech, which were incitements to hatred or even to physical harm, and the use of language that merely shows disrespect. Some discussions between politically right wing and left wing can be viewed as hateful, even though the language used by both sides is not normally classified as hate speech.

Attitudes towards controlling hate speech cannot be reliably correlated with the traditional political spectrum. In the United States, there is a general consensus that free speech values take precedence over limiting the harm caused by verbal insult. At the same time, some conservatives believe verbally expressed "discrimination" against religions such as blasphemy, or sometimes "morally incorrect" or "unpatriotic" speech which opposes deep-seated sociocultural or religious mores, and national interest, should be condemned or prohibited, while liberals feel the same way about verbal "discrimination" against identity-related personal characteristics, such as homosexuality and language of someone who happens not to speak English (in the US and Canada when it comes to bilingualism).
[edit] See also

* Anti-LGBT slogans
* Ethnic joke
* Gay bashing
* Hate crime
* Hate mail
* Personal attack
* Political correctness
* Race baiting
* Volksverhetzung

[edit] References

1. ^ Dictionary.com: Hate speech
2. ^ UK-USA: The British Character of America
3. ^ The PCspeak of Diversity
4. ^ George Orwell meets the OIC
5. ^ "1988 Constitution made racism a crime with no right to bail", Folha de São Paulo, 15/04/2005.
6. ^ http://laws.justice.gc.ca/en/ShowFullDoc/cs/H-6///en#aSec12
7. ^ Article 174. of Croatian penal code on Croatian Wikisource
8. ^ Danish Penal code, Straffeloven, section 266 B.
9. ^ Finnish Penal code Rikoslaki/Strafflagen Chapter 11, section 8
10. ^ Law of 29 July 1881 on the freedom of the press, amended; article 24 punishes incitation to hatred, discrimination or violence; article 32 punishes libel, article 33 public insults.
11. ^ Law of 29 July 1881 on the freedom of the press, article 24
12. ^ Law of 29 July 1881 on the freedom of the press, article 24 bis
13. ^ http://www.taylorwessing.com/topical-issues/details/defamation-and-privacy-law-and-procedure-in-england-germany-and-france.html
14. ^ Houellebecq Acquitted of Insulting Islam
15. ^ Extracts from the ruling
16. ^ http://jurist.law.pitt.edu/paperchase/2007/03/france-newspaper-cleared-of-defamation.php
17. ^ Bruce Crumley, 'Is Brigitte Bardot Bashing Islam?' Time, Tuesday, April 15, 2008.
18. ^ Irish Statute Book Database
19. ^ "Jordanian poet accused of 'atheism and blasphemy'," The Daily Star Lebanon Saturday, October 25, 2008.
20. ^ BBC report on Geert Wilders
21. ^ Norwegian Penal code, Straffeloven, section 135 a.
22. ^ Serbian Penal code, section 317.
23. ^ "Act No. 4 of 2000: Promotion of Equality and Prevention of Unfair Discrimination Act." (PDF). Government Gazette. 2000-02-09. http://www.info.gov.za/gazette/acts/2000/a4-00.pdf. Retrieved 2008-10-26.
24. ^ Clark, DM (2003). South African Law Reform Commission Issue Paper 22 Project 130: Stalking. [1]: South African Law Commission. ISBN 0-621-34410-9.
25. ^ Hanti, Otto (2006-08-09). "Man fined after racial slur to top judge". IOL. http://www.iol.co.za/index.php?set_id=1&click_id=15&art_id=vn20060808233813336C803510. Retrieved 2007-07-10.
26. ^ Swedish Penal code, Brottsbalken, chapter 16, section 8.
27. ^ Lag om hets mot folkgrupp innefattar homosexuella
28. ^ http://www.opsi.gov.uk/acts/acts2008/en/08en04-g.htm
29. ^ http://usa.usembassy.de/etexts/media/unfetter/press08.htm
30. ^ http://www.law.cornell.edu/uscode/18/usc_sec_18_00002101----000-.html
31. ^ http://www.iht.com/articles/2008/06/11/america/hate.php
32. ^ http://www.law.cornell.edu/supct/html/historics/USSC_CR_0477_0057_ZS.html
33. ^ http://www.firstamendmentcenter.org/speech/pubcollege/topic.aspx?topic=campus_speech_codes
34. ^ http://www.springerlink.com/content/c8471v256244nn2k/
35. ^ Blacks must drop victimhood and reclaim dignity | csmonitor.com
36. ^ The News & Observer, Raleigh, N.C., Barry Saunders column: 'N' word's hideouts exposed. | News & Observer (Raleigh, NC) (December, 2006)
37. ^ Rap's Embrace of 'Nigger' Fires Bitter Debate - New York Times