Govor mržnje na internetu: međunarodni standardi i zaštita
Hate Speech on Internet: International Standards and Protection

Author(s): Sevima Sali-Terzić
Subject(s): Media studies, Criminal Law, International Law, Human Rights and Humanitarian Law, Criminology, Social Informatics
Published by: Fondacija Centar za javno pravo
Keywords: Hate speech; internet; cyber space; cyber crime; international standards; human rights; protection of human rights; criminal law;
Summary/Abstract: Hate speech on Internet has been more present in public discourse in Bosnia and Herzegovina in the last years, as noted by ECRI and European Commission in their reports. The particular problem presents the fact that, despite ECRI recommendations from 2016, and obligations that BiH accepted by ratification of the Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems, criminal laws have not been amended in a way to conform to the requirements set forth in this document nor in Committee of Ministers' Recomendation 97(20). Also, there is no adequate protection in civil or administrative laws that would allow those affected by on-line hate speech to seek redress. It is argued in this Article that the competent authorities should develop a comprehensive strategy to tackle on-line hate speech. This strategy should include different measures such as: legislative amendments in criminal and civil laws, enactment of a separate law that would include a clear definition of hate speech, obligations of on-line media in relation to establishing mechanisms for more efficient monitoring and prevention of hate speech, as well as their civil liability for hate speech in their publications and for users generated content. However, all legislative measures should be carefully designed in order not to undermine or allow disproportional restrictions to the freedom of speech or to have “chilling effect” on media or to discourage public debate and criticism. Until then, the courts should adhere to their constitutional obligation to directly apply ECHR and should interpret inadequate laws in a way that will not undermine the Convention rights.

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