C) Need of Legal and Policy Efforts to Eradicate Hate Speeches
Articles 19 and 20 of the UN ICCPR stipulate freedom of expression and ‘prohibition of
propaganda for war and violence,’ respectively. Moreover, the exercise of freedom of
expression is accompanied by special obligations and responsibilities, and may be restricted
if necessary according to the law for ‘① respect of the rights or reputations of others, and ②
protection of national security or of public order, or of public health or morals.’ Several
foreign countries, including Germany, Canada, Japan, and the United Kingdom, also
regulate various types of hate speech by law.509)
In light of the classification method of ARTICLE 19, international human rights
organization, reviewed above, public contempt, insult, and threat to social minorities or
‘incitement to hatred’510) are a type that must be prohibited. Given that this type of hate
speech has a high risk of causing real harm, there is relatively little controversy related to its
criminalization.
On the other hand, in the case of expressions corresponding to harassing the social
minorities, it is necessary to consider resolving the problematic situation through corrective
recommendations, orders, or mediation, even if they are not subjected to criminal
punishment. For this, enactment of the Anti-Discrimination Act, which aims to specify the
right of equality under the Constitution and achieve substantive equality, is an effective
legislation, noting that the fundamental cause and ultimate effect of hate speech is social and
institutional discrimination against a specific group. There is a lot of ambiguity with the
components of criminal punishment, but if it is regulated by the Anti-Discrimination Act,
these problems can be supplemented to a large extent.
The fact that hate speech has increased in the online communities after specific remarks
were made by candidates and politicians in the 2022 election process suggests that the
influence of hate speech or the degree of its harm may vary depending on the position of the
509) NHRCK Human Rights Status Survey Report, Hate Speech Status Survey and Study on Regulation, 2016.
510) Kanbara, Hajime, according to ‘No Hate Speech,’ among the expressions corresponding to 'incitement to hatred,'
among the remarks of the protesters at the Jae-Teuk Assembly, "Getting rid of Koreans is like extermination of
pests," "Kill, kill, Koreans," "Kill both good Koreans and bad Koreans," "Scourge the cockroaches Koreans. Let's do
it!” “Fuck the Koreans!” “If you see a Korean, you can throw stones and rape a Korean woman.” These expressions
openly reveal discrimination and hostility against the target group, and at the same time incite the audience to
practice discrimination and violence.
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