Hate Crime in Cyberspace: The Challenges of Substantive Criminal Law

Abstract

Hate crime evokes speech, but to assimilate one with the other would not do justice to the diversity of behaviors encompassed by the expression hate crime. A first overview of the notion is necessary in order to highlight the key features of offenses involving hatred. A particular emphasis will be given to the specificity of cyberspace crimes both in the UK and in France. This comparison will enable us to tackle the main issue cyber-hate raises: that of the legitimacy and practicality of criminalizing behaviors related to hatred on the internet. The debates may not be specific to crimes but they are acute for at an international level, crime notably limits a freedom of expression which does not have the same meaning both legally and culturally. The Convention on cyber crime will also be looked at, especially that its critics argue that it did not go far enough into protecting victims of crimes at an international level.