Hate Speech is an issue which some countries around the world are struggling to cope with. Dark motivation intrinsic to this phenomenon needs no explanation. The particular contexts, in which hate speech has emerged as a problem in countries that have acted to counter it, are not areas of evident concern in Samoa at the present time. The dimensions and the realities of malevolent speech which may be considered problematic within our shores are manifestly different. There have been several anecdotal accounts of hatred towards foreigners especially Chinese in Samoa.70 Ridicule and discrimination towards Chinese has been fuelled by concerns of some about their [Chinese] intentions and the perception that they are taking over businesses and Samoan land.71 It is important to highlight that any person regardless of their religion, ethnicity, nationality, race, color, descent, gender or other identity should not be subjected to hate speech or hatred at all. Hate speech is not defined under international law and definitions under national laws vary. 72 “Many proposed definitions of ‘hate speech’ have been formulated in response to specific and perniciously discriminatory social phenomena or incidents. Definitions have also been adapted over time to address new situations, and to accommodate shifts in language, shifting understandings of equality, and the harms of discrimination, or developments in technology”.73 Generally ‘hate speech’ is, “any kind of communication in speech, writing or behavior, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality, race, color, descent, gender or other identity factor”.74 Hate speech as a form of attack is a menace to democratic values, social stability and peace. When left unchecked it can generate violence. It is for this reason that some countries have taken legislative measures to address it in particular areas of concern. 70 See for example, Sam Sam, “Speaking out for Chinese, Asians”, Letter to the Editor, Samoa Observer, https://www.samoaobserver.ws/category/letters/7648. 71 See for example, Radio NZ, “Samoa promotes Chinese investors”, RNZ News (12 January 2018) https://www.rnz.co.nz/international/pacific-news/347937/samoa-promotes-chinese-investors. 72 Equality and Human Rights Commission, Freedom of Expression: Guidance Legal Framework, (March 2015) https://www.equalityhumanrights.com/sites/default/files/20150318_foe_legal_framework_guidance_revised_final.pdf. 73 Article 19, ‘Hate Speech’ Explained: A Toolkit, p. 9. 74 Yayha Fares, “Fighting hate speech and incitement to violence in the Syrian media”, UNOHCHR News (11 February 2020) https://www.ohchr.org/EN/NewsEvents/Pages/HatespeechSyrian.aspx. State of Human Rights Report 2021 | 23