Abstract
ABSTRACTThis article draws on material gathered from Swedish tweets about the Roma population, in order to map different discourses. Based on this material, a legal analysis was made focusing on how the legal protection under the European Convention on Human Rights (ECHR) and Swedish law for such types of expression may vary depending on the wider discursive context. This article concludes that the legal protection for hateful expressions against for instance Roma, will vary depending on the discursive context. When the expression is a direct part of a political discussion, the protection of freedom of expression will be higher. However, emphasis must also be placed on the aim, value, and accuracy of the statement, even in a political context. This will increase the possibilities to legally intervene against speech that may perhaps be triggered by an ongoing political debate, but is hateful and without value to that debate.
Highlights
The problem of online hate speech has become a new factor to handle legally, in Sweden as well as in other countries
A legal analysis was made focusing on how the legal protection under the European Convention on Human Rights (ECHR) and Swedish law for such types of expression may vary depending on the wider discursive context
The aim is to provide an analysis of how the legal protection under the ECHR and Swedish law for such types of expression may vary depending on the wider discursive context
Summary
The problem of online hate speech has become a new factor to handle legally, in Sweden as well as in other countries. Sweden, which is a signatory state to the European Convention on Human Rights (ECHR, the convention), has a legal responsibility not to enact any law or regulation in breach of the convention. Like other signatory states, must take the convention and the rulings made by the European Court of Human Rights (ECtHR, the Court) into consideration when enacting or applying legislation in regard to expressions online, for instance. This study analyses discussions about Roma in social media. It draws on material gathered from Swedish tweets that mention the Roma population in Sweden. The aim is to provide an analysis of how the legal protection under the ECHR and Swedish law for such types of expression may vary depending on the wider discursive context. The present article is part of two larger research projects, where one focuses on understandings of victimization online using a combination of sociology and victimology, and the other highlights legal aspects of racially motivated victimization6 – especially against Roma and Sami in Sweden – by combining legal studies with victimology
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