Judges, prosecutors, lawyers, representatives of institutions, civil society organisations and international partners came together in Pristina for a judicial dialogue dedicated to navigating the increasingly sensitive line between protecting freedom of expression and responding effectively to hate speech. Organised jointly under three complementary Council of Europe actions, the roundtable provided a platform to discuss how justice system can better address this complex and evolving area.
Participants examined European standards and relevant case law on combating hate speech, with particular attention to the risks posed by the misuse of criminal law to restrict legitimate expression. The discussion highlighted how disproportionate criminalisation can produce a chilling effect on journalists, activists and human rights defenders, while insufficient enforcement may fail to address harmful incitement.
Two panel discussions focused on: 1) the state response to hate speech, including challenges in applying existing legislation and ensuring consistent interpretation aligned with Article 10 ECHR; and 2) the role of civil society and legal education institutions in building the capacities of professionals dealing with such cases.
Speakers emphasised the need for clearer guidance, better access to Council of Europe tools and methodologies, and stronger peer-to-peer learning to support practitioners navigating ambiguous or borderline cases. The event also highlighted the importance of ensuring that judicial practice reflects both constitutional guarantees and European human rights standards.
The dialogue served as an opportunity to strengthen cooperation across institutions and to support ongoing efforts to improve rights-compliant adjudication of cases involving freedom of expression and hate speech.
This event is organised under the frameworks of the Horizontal Facility Actions “Protecting Freedom of Expression and of the Media (PROFREX)”; Combating Discrimination and Hatred as well as by the VC Project “Support to the Constitutional Court in Applying and Disseminating European Human Rights Standards – Phase II”