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 freedom of expression were examined during a Judicial Dialogue in Pristina organised with the support of EU and Council of Europe. The round table brought together judges, prosecutors, lawyers, representatives of institutions, civil society organisations and international partners. Jointly organised by three Council of Europe projects, the event provided a platform to discuss how justice system can better address the complex balance between protecting free speech and regulating hate speech.
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:
- the state response to hate speech, including challenges in applying existing legislation and ensuring consistent interpretation aligned with Article 10 ECHR; and
- the role of civil society and legal education institutions in building the capacities of professionals dealing with such cases.
Speakers noted that addressing hate speech remains an ongoing challenge, with courts frequently tasked with drawing a delicate line between legitimate freedom of expression and unlawful speech that incites hatred, intolerance, discrimination, or violence. They emphasised the need for clearer guidance, to have more tailored Council of Europe tools and methodologies, and stronger peer-to-peer learning to support practitioners navigating ambiguous or borderline cases.
With the support of the EU and Council of Europe joint Horizontal Facility III Action on Combating Discrimination and Hatred, local authorities have initiated amendments to the “Law on Protection from Discrimination” with the aim to integrate the latest standards, including the Committee of Ministries of the Council of Europe Recommendation on combating hate speech. This represents an important step toward strengthening Equality Bodies and ensuring more effective implementation by law enforcement agencies.
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”
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