The instigation of hatred: questions of legal evaluation and procedural issues

Dovilė Murauskienė (), Raimundas Jurka () and Jolanta Zajančkauskienė ()
Additional contact information
Dovilė Murauskienė: Mykolas Romeris University, Lithuania
Raimundas Jurka: Mykolas Romeris University, Lithuania
Jolanta Zajančkauskienė: Mykolas Romeris University, Lithuania

Entrepreneurship and Sustainability Issues, 2020, vol. 8, issue 2, 896-913

Abstract: Considering the infringements upon the principle of equality caused by hate crimes, as well as the negative impact of such crimes not only on their victims but also on other persons within the same group of vulnerable people, the authors of this paper analyse hate speech as a criminally punishable act. The analysis of this issue is of essential importance as hate speech manifests on the internet, often via comments made online, a worrying issue as hate speech is therefore often tolerated. This article raises the question of the delimitation of hate speech from hate crime; the authors present an analytical overview of national and international case law, providing an insight into the process of distinguishing hate speech from a person’s right to exercise their freedom of self-expression. A separate section covers the challenges that law enforcement authorities face when investigating incidents of hate speech online, where criminal activities often trespass the borders of a single state and their investigation requires tools of international cooperation to receive or transfer electronic evidence.

Keywords: criminal procedure; criminal law; hate crime; hate speech; e-evidence (search for similar items in EconPapers)
JEL-codes: K10 K14 (search for similar items in EconPapers)
Date: 2020
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://jssidoi.org/jesi/uploads/articles/30/Murau ... rocedural_issues.pdf (application/pdf)
https://jssidoi.org/jesi/article/736 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:ssi:jouesi:v:8:y:2020:i:2:p:896-913

DOI: 10.9770/jesi.2020.8.2(54)

Access Statistics for this article

Entrepreneurship and Sustainability Issues is currently edited by Manuela Tvaronaviciene

More articles in Entrepreneurship and Sustainability Issues from VsI Entrepreneurship and Sustainability Center
Bibliographic data for series maintained by Manuela Tvaronaviciene ().