SPORNA PITANJA (KRIVIČNO)PRAVNE KONCEPTUALIZACIJE GOVORA MRŽNJE

Abstract

Historical experience warns that hate speech precedes crime, and the violence of intolerance, prejudice and hatred is part of a long-term cultural context that includes the everyday, more or less visible, practice of marginalization of targeted communities. In the age of modern mass communications, hate speech is clearly visible and widespread, and the culture of digital hate is worryingly resistant to efforts to control and suppress hate speech. The fact that hate speech is defined and understood in different ways at the national, European and international level points to the need for a common understanding of the concept, nature and consequences of this phenomenon in order to develop a more effective policy and strategy of suppression. The paper discusses the most controversial issues of (criminal) legal conceptualization of hate speech: definition, relationship with the right to freedom of speech, selection of protected groups, method of criminalizing hate speech, and points to relevant standards.