Hate Speech and the Normative Foundations of Regulation

Heinze, Eric

doi:10.2139/ssrn.2513955

Cited by 3 publications

(2 citation statements)

References 22 publications

(4 reference statements)

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“…An additional reason the latter is often harder to regulate is that some regard evidence of the harms of generally circulated hate speech to be insufficient. Heinze (2013), for example, argues that bans targeting general circulation hate speech are unjustifiable in stable, long term, prosperous democracies. He posits that those who argue in favour of bans tend to rely on speculation, not evidence, about the alleged harms of this type of hate speech event (pp.…”

Section: The Harms Of Hate Speechmentioning

confidence: 99%

Evidencing the harms of hate speech

2015

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The ways in which targeted communities experience hate speech is an important, but often neglected, component of the debate over the legitimacy of hate speech laws. This article reports on data drawn from interviews conducted with 101 members of Indigenous and minority ethnic communities in Australia regarding their experiences of hate speech. We give voice to targets' experiences of face-to-face and more widely broadcast hate speech, and outline the constitutive and consequential harms they claim to have suffered. We assess these against the alleged harms of hate speech in the literature, finding a close correlation between targets' reports and the literature. Evidencing the harms of hate speech AbstractThe ways in which targeted communities experience hate speech is an important, but often neglected, component of the debate over the legitimacy of hate speech laws. This article reports on data drawn from interviews conducted with 101 members of Indigenous and minority ethnic communities in Australia regarding their experiences of hate speech. We give voice to targets' experiences of face-to-face and more widely broadcast hate speech, and outline the constitutive and consequential harms they claim to have suffered. We assess these against the alleged harms of hate speech in the literature, finding a close correlation between targets' reports and the literature.

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Section: The Harms Of Hate Speechmentioning

confidence: 99%

Evidencing the harms of hate speech

2015

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“…Amnesty International, 2012: 7-8; see also Heinze 2013 Proponents of hate speech laws claim that neither of these risks represents a compelling argument against creating legal regimes for delineating forms of unacceptable speech, and that they overstate the potentially negative effects of hate speech laws and downplay their benefits (McNamara 1994).…”

Section: Five Claims About the Effects Of Hate Speech Lawsmentioning

confidence: 99%

The Effects of Civil Hate Speech Laws: Lessons from Australia

Gelber¹,

McNamara²

2015

Law Soc Rev

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This article examines the effects of hate speech laws in Australia. Triangulating data from primary and secondary sources, we examine five hypothesized effects: whether the laws provide a remedy to targets of hate speech, encourage more respectful speech, have an educative or symbolic effect, have a chilling effect, or create “martyrs.” We find the laws provide a limited remedy in the complaints mechanisms, provide a framework for direct community advocacy, and that knowledge of the laws exists in public discourse. However, the complaints mechanism imposes a significant enforcement burden on targeted communities, who still regularly experience hate speech. We find a reduction in the expression of prejudice in mediated outlets, but not on the street. We find no evidence of a chilling effect and we find the risk of free speech martyrs to be marginal. We draw out the implications of these findings for other countries.

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Liberating Expression: Contemporary European Challenges

Alkiviadou¹

2022

Int J Semiot Law

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Hate Speech and the Normative Foundations of Regulation

Cited by 3 publications

References 22 publications

Evidencing the harms of hate speech

Evidencing the harms of hate speech

The Effects of Civil Hate Speech Laws: Lessons from Australia

Liberating Expression: Contemporary European Challenges

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