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Is there a legal definition of hate speech?

Code:
RED22
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
11/02/2012 - 11:00
Short Answer

Yes

Qualitative Info

Hste speech is defined as:

1. incitement to acts or activities which may result in discrimination, hatred or violence against individuals or groups of individuals on the sole grounds of the latter’s racial or ethnic origin or religion.

2. public expression of offensive ideas against any individual or group of individuals on the grounds of the latter’s racial or ethnic origin or religion.

3. propaganda or any kind of activities tending to racial discrimination

In particular, Law 927/1979 “on punishing acts or activities aiming at racial discrimination” penalizes:

(a) to willfully and publicly, either orally or by the press or by written texts or through pictures or any other means, incite to acts or activities which may result in discrimination, hatred or violence against individuals or groups of individuals on the sole grounds of the latter’s racial or national origin or [by virtue of article 24 of Law 1419/1984] religion;

(c) to express publicly, either orally or by the press or by written texts or through pictures or any other means offensive ideas against any individual or group of individuals on the grounds of the latter’s racial or national origin or religion.

(b) to form or participate in organizations with intent to organize propaganda or any kind of activities tending to racial discrimination;

(c) to express publicly, either orally or by the press or by written texts or through pictures or any other means offensive ideas against any individual or group of individuals on the grounds of the latter’s racial or national origin or religion.

(d) to refuse, in the exercise of one’s occupation, to provide goods or supply services on the sole grounds of racial or national origin or religion or to subject the aforementioned activities to conditions related to racial or national origin or religion.

Soft law tools against racist and hate speech (Source: HLHR-KEMO/i-RED RAXEN Thematic Study: Racist and related hate crimes in the EU - Greece)

Soft law is the Code of Conduct (“Kodikas Deontologhias”) for radio and television. Article 23 of the above Code (dated 07.03.2000), entitled “vulnerable population groups”, proscribes the transmission of, among others, racist or xenophobic messages and characterisations as well as of intolerant statements. It is also prescribed that special effort should be made by Greek radio and television so that no ethnic or religious minorities, or other “vulnerable or weak population groups”, are offended.
The Code of Conduct of the Athens Journalists’ Association contains a provision (article 1) which enjoins journalists to impart information without any prejudice related to their racial or cultural ideas or opinions. The same provision provides for the journalists’ obligation to provide redress in cases where there has been transmitted information offending an individual’s honour or personality.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability, Africans/black people, National minorities
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia
Key socio-economic / Institutional Areas Media, Internet, Anti-discrimination, Anti-racism
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