3) Hate Speeches During the Election Process
A) Pattern of Hate Speeches During the Two Election In the First Half of 2022
According to international human rights norms, such as Article 20(2) of the UN Covenant
on Civil Rights and Article 4 of the Convention on the Elimination of Racial Discrimination,
their interpretation guidelines, and overseas legislative examples, etc., hate speech can be
defined as expressions that shows the effect of justifying, encouraging or reinforcing
discrimination by ① insulting, humiliating, belittling, intimidating, or ② propagating or
inciting discrimination and violence against individuals and groups on the basis of gender,
disability, religion, age, region of origin, race, sexual orientation, etc.
In other words, hate speech is an expression that implies 'hostility' such as insults,
belittling, and ridicule targeting minorities,501) or even if it is not an extreme and low-level
expression, it can be seen as an expression that has the function of ‘incitement’ that can make
discrimination and hatred a matter of course to the general audience and make them
participate in discrimination, hostility, and violence against minorities. Hate speeches
toward social minorities is more serious than general insult speeches in that it can be a
mechanism to promote and justify discrimination. Hate speech itself can be said to be a form
of discrimination, and it can also be said to be a precursor to discrimination.
There were two elections in 2022. Through the 20th Presidential Election on Mar. 9 and the
8th National Simultaneous Local Election and re-election on Jun. 1, the President, regional
and local government heads, superintendent of education, regional and local council
members, and 12 members of the National Assembly were elected. Before the election, the
National Assembly Legislative Research Service presented an opinion that despite the
expansion of political opinions through various media outlets, such as mobile, online, and
one-person media, there is a problem of false information and hate speech being easily
circulated.502) The Commissioner of the NHRCK, on May 18, asked that all political parties,
candidates, campaign workers, and ordinary citizens participating in the 8th local elections to
501) In Korea, there are many regulations protecting the socially underprivileged under the current law, but it is difficult
to find an example that explicitly defines the expression ‘minority.’ However, minorities with discriminatory
attributes stipulated in Article 2 of the National Human Rights Commission of Korea Act may be subjected to hate
speech.
502) National Assembly Legislative Research Service, 2022 Issue of the Year, Dec. 30, 2021.
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