Media Reporting and Reference Guide on LGBT Issues

2.2. What is hate speech?
There is no unison EU level definition. One of the most known <strong>and</strong> used definition is the one
provided by the Council of Europe:
“(…) the term “hate speech” shall be understood as covering all forms of expression which
spread, incite, promote or justify racial hatred, xenophobia, anti-Semitism or other
forms of hatred based on intolerance, including: intolerance expressed by aggressive
nationalism <strong>and</strong> ethnocentrism, discrimination <strong>and</strong> hostility against minorities, migrants
<strong>and</strong> people of immigrant origin”.
Source: Council of Europe Recommendation No. R (97) 20
Some of the protected values are not covered by the above Recommendation but, the
term “or other form of hatred”, thus “allowing one to extend the scope of activity in other
grounds, such as, (…) sexual orientation (…) ” (Zubčević et al. 2017:10).
In 2016, the European Commission against Racism <strong>and</strong> Intolerance (ECRI), introduced
the following definition - which is more broad <strong>and</strong> inclusive - under General Policy
Recommendation No 15 on combating hate speech:
“(…) hate speech is to be understood (…) as the advocacy, promotion or incitement, in
any form, of the denigration, hatred or vilification of a person or group of persons, as
well as any harassment, insult, negative stereotyping, stigmatization or threat in respect
of such a person or group of persons <strong>and</strong> the justification of all the preceding types
of expression, on the ground of “race”, colour, descent, national or ethnic origin, age,
disability, language, religion or belief, sex, gender, gender identity, sexual orientation <strong>and</strong>
other personal characteristics or status (…) hate speech may take the form of the public
denial, trivialisation, justification or condonation of crimes of genocide, crimes against
humanity or war crimes which have been found by courts to have occurred, <strong>and</strong> of the
glorification of persons convicted for having committed such crimes;“.
Source: ECRI General Policy Recommendation No 15 on combating hate speech.
Motivations of hate speech:
“(…) the use of hate speech can reflect or promote the unjustified assumption that the user
is in some way superior to a person or a group of persons that is or are targeted by it; the
use of hate speech may be intended to incite, or reasonably expected to have the effect of
inciting others to commit, acts of violence, intimidation, hostility or discrimination against
those who are targeted by it <strong>and</strong> that this is an especially serious form of such speech;”.
Source: ECRI General Policy Recommendation No 15 on combating hate speech.
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