Krivičnopravni aspekti govora mržnje na elektronskim medijima i na internetu
Criminal Law Aspects of Hate Speech on Electronic Media and on the Internet

Author(s): Ljiljana Filipović
Subject(s): Media studies, Criminal Law, Human Rights and Humanitarian Law, Criminology, Social Informatics
Published by: Fondacija Centar za javno pravo
Keywords: Hate speech; criminal law; internet; electronic media; human rights; right to free expression;
Summary/Abstract: The paper considers some criminal law aspects of “hate speech” on electronic media and internet. After the definition of meaning of the term “hate speech” provided for the needs of the paper, and a review of obligations of the member States concerning prohibition and criminalization of hate speech in certain international legal documents, the paper also gives a review of the manner and scope of criminalization of hate speech in the criminal codes in force in BiH. In addition to an analysis of the principal legal elements of the related criminal offenses, the paper pays a special attention to the preconditions which must be satisfied in order that a conviction for the criminal offense of hate speech is not in violation of the right to free expression as one of the fundamental human rights. The paper also refers to the responsibility of journalists and media for hate speech and its spreading, as well as the responsibility of mediators – service providers for hate speech of others.

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