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. 21

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