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Is there a legal definition of hate speech?

Key Area:
Anti-racist Crime Legislation & Implementation
11/01/2012 - 04:42
Short Answer

No there is no legal definition. This has to be inferred from the description of offences.

Qualitative Info

The various legislative instruments providing for race-related offenses do not provide a definition of this term. However, most of these provisions describe offences which are clearly hate speech, even though the particular term (hate speech) is not used.  Thus the Criminal Code criminalises  "the uttering of words, the making of any sound or any gesture with the intent of wounding the religious feelings of any person" (article 141) and prohibits publications insulting any religion (article 142).  SImilarly, the Law ratifying the International Convention on the Elimination of All Forms of Racial Discrimination prohibits the incitement to racial hatred and the public expression of racially insulting ideas but does not describe these as hate speech.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers
Type (R/D) Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism
Key socio-economic / Institutional Areas Policing - law enforcement, Education, Media, Political discourse -parties - orgs, Daily life
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