Abstract

Although international human rights instruments declare that everyone has the right to freedom of thought and expression, many countries today have laws that censor or limit certain forms of expression on social media, including speech that fuels hatred and violence. Some free speech advocates prefer an open market of ideas where no expression is restricted thinking that the best answer to harmful speech is discussions that allow different ideas to challenge any speech freely. Still some others, on the other hand, argue that restrictions on hate speech on social media are vital for protecting minority communities from the harms caused by this speech. Hate speech raises a very complex question that tests the limits of free speech. Thus, based on the theories that underpin freedom of expression, this piece of work strives to analyze the regulatory dilemma on hate speech on social media by exploring the arguments and challenges that frame the regulatory process.

Highlights

  • Hate speech on social media is a legal issue that has sparked debate on both an international and national scale.[1]

  • Despite the fact that hate speech has been recognized as an increasing threat to human rights on both a global and local level, enacting legislative prohibitions on it has proven difficult

  • The lack of a global legal consensus on what constitutes online hate speech and what falls within the realm of freedom of speech or expression has made regulating online hate speech extremely problematic

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Summary

INTRODUCTION

Hate speech on social media is a legal issue that has sparked debate on both an international and national scale.[1]. In light of the theory of freedom of expression, this article aims to investigate the issues of regulating hate speech on social media

The Truth Theory
The Marketplace of Ideas
The Democracy Theory
Autonomy Theory
LEGAL REGIMES ON “FREEDOM OF EXPRESSION” AND “HATE SPEECH”
THE REGULATORY ISSUES ON ‘HATE SPEECH’ ON SOCIAL MEDIA
Excessive Restriction or Over-Criminalization
Issues of Jurisdiction
The Conceptual Fluidity of ‘Online Hate Speech’
Divergence of Regulatory Models
The Legal Status of Social Media Companies
Self-Regulation by Social Media Companies
CONCLUSION

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