The Council of Europe has issued a new report examining how member states prevent and combat hate speech based on sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC). It identifies promising practices and remaining gaps, and makes 19 recommendations covering prosecution, protection and prevention. It forms part of the thematic review of the implementation of Recommendation CM/Rec(2010)5 Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity.
The findings come amid increasing hostility towards LGBTI people and organised opposition to LGBTI equality. Anti-human-rights narratives, often framed around opposition to so-called “gender ideology”, are contributing to polarised public discourse and inflammatory speech, with transgender people particularly affected. Online platforms, disinformation and AI-generated content can increase the reach, speed and volume of such speech. The resulting harm includes fear, anxiety, depression and avoidance of public spaces, services and civic life. But anti-LGBTI hate speech reaches beyond those targeted: it can silence participation, weaken social cohesion and, when used to legitimise exclusion, contribute to democratic erosion.
Legal protection remains uneven. The report records 35 member states explicitly covering sexual orientation in criminal hate-speech provisions, compared with 18 for gender identity, six for gender expression and six for sex characteristics. Only three member states explicitly cover all SOGIESC grounds.
Legislation alone does not ensure protection in practice. The report shows that distrust in institutions, fear of secondary victimisation and reluctance to disclose sexual orientation or gender identity contribute to under-reporting. In many countries, the absence of disaggregated data means that SOGIESC-based incidents are absorbed into broader statistics and the hate element disappears. Civil society organisations often provide reporting, monitoring and victim support that public systems do not adequately cover.
The recommendations call for all SOGIESC grounds to be explicitly covered in national hate-speech legislation; better recording and victimisation surveys; specialised police and prosecution structures; and confidential, accessible reporting and support. They also call for sustainable funding for civil society organisations, recognising their role in providing essential support and services to people targeted by hate speech, greater use of trusted flaggers, suitably trained content moderators and guidance on AI-generated hate speech. On prevention, the report recommends whole-of-government frameworks, accountability mechanisms for public officials and elected representatives, and whole-school approaches addressing hate speech, bullying and misinformation.
