The worrying increase in hate speech phenomena in cyber contexts was the driving force behind the writing of this thesis. The reasons for this social problem are to be found in the political and economic instability of the legal systems analysed, the Italian and European ones, violent political propaganda, and structural characteristics of the Web that affect the perception of the medium by users. The objective of this paper is to answer the question of whether the current national and European laws are sufficient to address this issue. Through a careful study and evaluation of the laws implemented, the case law decisions issued and the comments of the doctrine, it was concluded that fundamental human rights, such as dignity, equality, and non-discrimination, hold a significant position on the agenda of the institutions analysed, although these fundamental rights often have to be balanced with other protected freedoms, such as freedom of expression. Balancing is difficult to do, and this is demonstrated by a case-by-case approach. Finally, the possibility of considering the introduction of foreign legal remedies into the analysed systems was considered. The results obtained have important implications for future practice and research. Future investigations could focus on considering the importance of counter-hate speech campaigns and educational programmes to raise the awareness of users, as well as enhancing the cooperation between States and platforms for a combined action.

I discorsi d'odio tra Unione Europea e ordinamento italiano.

GRIECO, AURORA
2023/2024

Abstract

The worrying increase in hate speech phenomena in cyber contexts was the driving force behind the writing of this thesis. The reasons for this social problem are to be found in the political and economic instability of the legal systems analysed, the Italian and European ones, violent political propaganda, and structural characteristics of the Web that affect the perception of the medium by users. The objective of this paper is to answer the question of whether the current national and European laws are sufficient to address this issue. Through a careful study and evaluation of the laws implemented, the case law decisions issued and the comments of the doctrine, it was concluded that fundamental human rights, such as dignity, equality, and non-discrimination, hold a significant position on the agenda of the institutions analysed, although these fundamental rights often have to be balanced with other protected freedoms, such as freedom of expression. Balancing is difficult to do, and this is demonstrated by a case-by-case approach. Finally, the possibility of considering the introduction of foreign legal remedies into the analysed systems was considered. The results obtained have important implications for future practice and research. Future investigations could focus on considering the importance of counter-hate speech campaigns and educational programmes to raise the awareness of users, as well as enhancing the cooperation between States and platforms for a combined action.
2023
Hate speech between European Union and Italian legal system.
hate speech
diffamazione
discriminazione
libertà espressione
ISP
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.12608/63473