|Chapter 4| Reactions and Considerations towards Hate Speech
Opportunity and Work-Family Balance Assistance Act. Article 32 of the Act on the
Prohibition of Discrimination against Persons with Disabilities considers “verbal
expressions to cause a sense of shame, molestation or assault” “on the basis
of disability” as discriminatory actions, so hate speech towards the disabled is
technically illegal. Hate speech towards those with disabilities may be punished
under the Act on the Prohibition of Discrimination against Persons with Disabilities,
and who have expressed hate speech may be required to compensate for
damages, as it is illegal under the civil act. In addition, if hate speech clearly causes
harm for youth, it may be considered as harmful media contents for youth under the
Youth Protection Act. In Germany, Articles 15 and 18 of the Jugendschutzgesetz
(JuSchG) regard hate speech prohibited under the Criminal Act as harmful
information for youth, and prohibits its distribution. In addition, Article 1 of the
Gesetz über die Verbreitung jugendgefährdender Schriften und Medieninhalte
(GjSM) states that texts that “[induce] violence, crime, or racial hostility” as causing
moral risks for children and the youth, and Article 6 also includes hate speech
prohibited under the Criminal Act in the expressions with great harmful effects.
Administrative measures may be taken for particular areas with great influence,
such as broadcasts. The current Rules Concerning the Review of Broadcasts and
Rules Concerning the Review of Commercials include articles related to hate
speech, which prohibit broadcasting and advertising particular hate speech.
Regarding hate speech on the Internet, the Act on Promotion of Information and
Communications Network Utilization and Information Protection states that the
text of posts that defame the honor of others may be blocked or deleted, as they
are considered violations of the rights of others. Discriminatory expressions on the
Internet may be deleted or blocked under the Provisions Concerning Information
42