Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

According to the UN, there has been an alarming spike in online and offline speech in recent years. In examining the reasons for this, the UN has said that this rise can be linked to changes in the social, economic and technological environment and to Covid-19 and Internet use. For the European Commission, only the identification of hate speech and hate crime as a new and distinct area of crime can enable an effective and comprehensive criminal law approach to these phenomena at EU level. That is because there is now no legal basis to criminalise hate speech and hate crime as an EU standard. It is unfortunate that we find ourselves at this stage, but it is important that we legislate to protect people, demographic groups and minorities from this type of abuse. If we do not, then we will fail not just the people concerned, who, of course, are our primary concern, but also every strand of our society, as it would weaken the basis on which we can count on a democratic society to embrace tolerance, diversity and inclusiveness.

Let us take online hate speech for a moment, because it is often accompanied by other issues that seek to marginalise people. This is because where online hate speech is present, other manufactured reasons for discrimination against one group or another are likely to accompany it. Hate speech online is often accompanied by misinformation, something that is presenting itself to us now as even more of an issue when those responsible for perpetrating the Russian invasion of Ukraine have tried to get people behind them by falsifying the truth and making extreme claims, which is what we have seen. As the European Commission put it:

Online hate speech spreads fast and is accessible to everybody anywhere. The ideologies behind hate speech and hate crime can be developed internationally and can be rapidly shared online. Hate crimes can be committed by networks with members from several countries.

While it is welcome that we are seeking to have an EU-wide legal basis to criminalise hate speech and hate crime, it cannot be done in isolation. Social media platforms must do far more to protect their users. We cannot allow them to shirk their responsibilities here any longer. Some action has been taken to monitor false information about Covid-19, but there are still many gaps in this and many other areas, including hate speech and bullying. In a study linked with the European Commission’s proposal, researchers found that 52% of young women and girls have experienced online violence, including threats and sexual harassment, while people with disabilities were more at risk of being victims of violent crimes, including hate crimes, than other people and they also face harassment.

They are important for ensuring we can reinforce protections for all EU citizens by addressing this deficit in EU law. We must also look to the future. We have seen the start of a refugee crisis the likes of which has not been seen in Europe since the Second World War. Every country in the EU will play its part, but a challenge will present itself when voices that may be critical of the approach of one or all states to offering refuge becomes transformed into a vehicle for hate through words or actions or both. This is definitely something that all member states must be ready to address quickly as the EU enters a new era in which it must adapt to some very pressing issues.

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