Moving hate speech to the civil courts

Howard, Erica ORCID: https://orcid.org/0000-0003-0848-5033 (2018) Moving hate speech to the civil courts. Anti-Discrimination Law Review, 1 (3). pp. 80-97. ISSN 2543-571X

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Abstract

This article examines whether hate speech against vulnerable groups can be challenged under anti-discrimination measures. It is argued that criminal laws against hate speech have a number of disadvantages; and, that, therefore, alternative ways of dealing with hate speech need to be found. A possible alternative could be found in anti-discrimination laws, which generally contain civil remedies. This article analyses whether anti-dis crimination provisions in the ECHR and in EU law can be used against the speaker or author of hate speech. Hate speech can engage two fundamental human rights: the right to freedom of expression and the right to be free from discrimination. Both these rights and the possible conflict between the two are part of the discussion in this article. The conclusion is that the EU anti-discrimination directives do provide an alternative and better way of challenging hate speech.

Item Type: Article
Additional Information: Anti-Discrimination Law Review - No. 1/2018 [3]
Research Areas: A. > School of Law > Law and Politics
Item ID: 24732
Useful Links:
Depositing User: Erica Howard
Date Deposited: 27 Jul 2018 14:23
Last Modified: 15 Oct 2019 06:27
URI: https://eprints.mdx.ac.uk/id/eprint/24732

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