INFORMATION POINT: Why do some countries regulate hate speech? Human Dignity . . . is precisely what hate speech laws are designed to protect – not dignity in the sense of any particular level of honor or esteem (or self-esteem), but dignity in the sense of a person’s basic entitlement to be regarded as a member of society in good standing, as someone whose membership of a minority group does not disqualify him or her from ordinary social interaction. That is what hate speech attacks, and that is what laws suppressing hate speech aim to protect. - Professor Jeremy Waldron, author of The Harm of Hate Speech. It is important to note that addressing hate speech does not mean limiting or prohibiting freedom of speech and expression. It means keeping hate speech from escalating into something more dangerous, particularly incitement to discrimination, hostility and violence, which is prohibited under international law. Reasonable and legitimate restrictions as outlined in Restrictions and Limitations section must therefore be followed. It is important for Government to establish sound legal frameworks on hate speech which hold perpetrators accountable, uphold human dignity, protect marginalized groups, while still balancing the right to freedom of expression.75 Combating hate speech cannot simply be left to the law to address. Such problems call for the combined effort of EVERYONE – parents, schools, religious leaders, policymakers, journalists and the general public to address the main drivers of hate speech so that the fundamental freedoms of our society are upheld. Recommendations: 5. The Government to progressively adopt legislative measures to address instances of hate speech (including racist content, xenophobia) in Samoa both off and online. 6. The Government to ensure that any laws on hate speech achieves a balance between protecting people from speech inciting hatred and discrimination and the freedom of speech and expression. Furthermore, political opinion should not be included within any incitement provisions as it will greatly impact on political debate and public discourse. 7. The Government to encourage village councils to enforce laws on hate speech and take the lead in ensuring that peace and harmony within communities are maintained. 75 See also recommendation by Amnesty International in its Written contribution to the thematic discussion on Racist Hate Speech and Freedom of Opinion and Expression organized by the United Nations Committee on Elimination of Racial Discrimination (28 August 2012) https://www.amnesty.org/download/Documents/24000/ior420022012en.pdf. State of Human Rights Report 2021 | 24