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Hate speech laws
送交者: 仁愛 2019年12月05日01:29:04 於 [茗香茶語] 發送悄悄話


Hate speech laws

https://en.m.wikipedia.org/wiki/Hate_speech


Laws against hate speech can be divided into two types: those intended to preserve public order and those intended to protect human dignity. Those designed to protect public order require a higher threshold be violated, so they are not specifically enforced frequently. For example, in Northern Ireland, as of 1992 only one person was prosecuted for violating the regulation in twenty-one years. Those meant to protect human dignity have a much lower threshold for violation, so those in Canada, Denmark, France, Germany and the Netherlands tend to be more frequently enforced.[12]

The global capacity of the internet makes it extremely difficult to set limits or boundaries to cyberspace.

The International Covenant on Civil and Political Rights (ICCPR) states that "any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law".[13] The Convention on the Elimination of All Forms of Racial Discrimination (ICERD) prohibits all incitement of racism.[14] Concerning the debate over how freedom of speech applies to the Internet, conferences concerning such sites have been sponsored by the United Nations High Commissioner for Refugees.[15]



Hate speech laws by country


France


Main article: Hate speech laws in France

France's penal code and press laws prohibit public and private communication that is defamatory or insulting, or that incites discrimination, hatred, or violence against a person or group on account of place of origin, ethnicity or lack thereof, nationality, race, specific religion, sex, sexual orientation, or handicap. The law prohibits declarations that justify or deny crimes against humanity—for example, the Holocaust (Gayssot Act).[31]


Germany


In Germany, Volksverhetzung ("incitement to hatred") is a punishable offense under Section 130 of the Strafgesetzbuch (Germany's criminal code) and can lead to up to five years' imprisonment.[32] 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".[33] 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 writing or speech and made accessible in Germany (German criminal code's Principle of Ubiquity, Section 9 §1 Alt. 3 and 4 of the Strafgesetzbuch).

On June 30, 2017, Germany approved a bill criminalizing hate speech on social media sites. Among criminalizing hate speech, the law states that social networking sites may be fined up to 50 million (US$56 million) if they persistently fail to remove illegal content within a week, including defamatory "fake news".[34]



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