Naslov
Holding All the Aces? Hate Speech: Features and Suppression in Croatia

Autori
Herceg Pakšić, Barbara

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Balkan Yearbook of European and International Law

Urednik/ci
Meškić, Zlatan, Kunda, Ivana, Popović, Dušan V., Omerović, Enis

Izdavač
Springer

Godina
2021

Raspon stranica

ISBN
978-3-030-65294-4

Ključne riječi
Hate speech ; Suppression ; Human rights ; Freedom of expression ; Croatia ;
(Hate speech ; Suppression ; Human rights ; Freedom of expression ; Croatia)

Sažetak
Despite the undeniable value of freedom of expression in contemporary society, its limitations are considered to be of utmost importance in the context of protecting legitimate values. Intervention possibilities depend on conditions of legal regulation, protective purpose and necessary society extent. Throwing down the gauntlet at freedom of expression, hate speech seems to come out well, being not particularly suitable for legal regulation. Due to its conceptual complexity, it requires a layered social response that implies a common strategy of education, prevention and repression. The purpose of this paper is to present the features of hate speech and its suppression in the Republic of Croatia, where, similar to other countries, racist and intolerant hate speech in public discourse is on the rise. Therefore, after the opening remarks on freedom of expression and basic notions on hate speech, we present the legal response of the Republic of Croatia developed through several legal branches. Solutions have been improved under the influence of the European standards, but adjudication challenges are casting a shadow over their practical effect. We analyze the available national and European case law. Particular attention was paid to the stances of the European Court of Human Rights in relation to Croatia in freedom of expression cases. In addition, our research is presented, in which almost 7, 500 respondents gave an insight into their views on exposure to hate speech, the manner and content of its expression, willingness to report it and opinions on the effectiveness of suppression in Croatia. Results have shown a high perception of the presence of hate speech, predominantly through online expression, with its content being grounded on national or ethnic origin and sexual affiliation. At the same time, the willingness in turning a blind eye was revealed, allowing its free play and slipping from (assessed ineffective) suppression hands. Considering all this, concluding thoughts on the subject matter are given, guided by reflections on future emphases on hate speech suppression.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA