Major Concepts Related to Hate Speech
Hate Speech, Insults, and Defamation
Hate speech appears as insults aimed at members of a target group.
Contempt under the Criminal Act prohibits scorn and disdain without a
certain fact, and defamation under the same act prohibits the defamation of
the honor of others by publicly stating facts or false information. In addition,
both can only be applied when they refer to a specific individual. Therefore,
hate speech towards a certain member of the target group may fall under
contempt, and if the honor of the certain member has been harmed due to
the hate speech, it may fall under defamation. Therefore, some hate speech
related to insults may fall under contempt or defamation.
However, as contempt and defamation only come into effect for individuals
or when it is possible to specify individuals, it is difficult for them to be used
when hate speech is targeted towards an entire group. For example, targeting
“migrants,” “refugees,” or “homosexuals” for hate speech does not fall under
contempt or defamation. In addition, as it does not consider a group with
certain characteristics, it applies to all individuals regardless of whether they
are part of a single group.
In other words, although some hate speech may be defined as contempt
or defamation, it does not consider whether the target group is discriminated.
In addition, as contempt and defamation do not comprehensively cover all
types of hate speech, this does not apply to expressions related to an entire
group. Therefore, it is necessary to consider hate speech separately.
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