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Media Regulatory Authorities and Hate Speech

Strasbourg 24 July 2017
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Media Regulatory Authorities and Hate Speech

A new publication ”Media regulatory authorities and hate speech” was launched in in July 2017. It is addressed to media professionals, civil servants dealing with media and human rights, judges, prosecutors and human rights defenders, civil society and academia.

Aiming at promoting freedom of expression, the study explores the hate speech phenomenon, examines cases of hate speech throughout Southeast Europe, provides recommendations and describes mechanisms for fighting against and preventing it. It is complemented by overviews of legal frameworks of covered jurisdictions (Albania, Bosnia and Herzegovina, Croatia, “the former Yugoslav Republic of Macedonia”, Kosovo*, Montenegro and Serbia) and relevant case-law of the European Court of Human Rights.

The publication was prepared in the framework of the implementation of the Council of Europe and the European Union Joint Programme “Reinforcing Judicial Expertise on Freedom of Expression and the Media in South-East Europe (JUFREX)”.

* All references to Kosovo, whether to the territory, institutions or population, in this text, shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

Freedom of expression Freedom of expression

“Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”

Article 10 of the European Convention on Human Rights

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