Hate speech to be defined by law: which statements may fall under the new norms
In Ukraine, the concept of "hate speech" may be legislatively enshrined, as well as expanded mechanisms for protection against discrimination. The relevant draft law was prepared by the State Service of Ukraine for Ethnopolitics and Freedom of Conscience.
The document provides for the legislative definition of the term "hate speech." It refers to statements that incite hatred, discrimination, or violence against a person or group of people based on their nationality, ethnic origin, language, religion, age, gender, disability, and other characteristics.
In addition, the draft law proposes to enshrine the concepts of "discrimination by association" and "multiple discrimination." This concerns cases where a person experiences biased treatment due to their connections with other individuals or simultaneously due to several characteristics.
The authors of the initiative note that the changes aim to bring Ukrainian legislation closer to the standards of the European Union and the Council of Europe, as well as to strengthen the protection of human rights.
It is also emphasized that the new norms will apply to everyone without exception, including officials and representatives of government bodies. At the same time, the proposed changes do not imply restrictions on freedom of speech but aim to ensure a balance between the right to express one's opinion and the protection of people from discrimination and manifestations of hatred.
Recall that draft law No. 15186 is under consideration in the Verkhovna Rada, which proposes amendments to Article 161 of the Criminal Code of Ukraine and the introduction of separate criminal liability for "Ukrainophobia."
As reported by the "Judicial and Legal Newspaper", the draft law provides for the establishment of criminal liability for manifestations of Ukrainophobia, in particular for public calls to deny the subjectivity of the Ukrainian state and nation, justification of their subjugation or assimilation, as well as denial of the legitimacy of the struggle for independence and development of Ukrainian statehood. It is separately proposed to criminalize public contempt for the Ukrainian language, culture, and ethnocultural characteristics with the aim of undermining national identity.
Also, the "Judicial and Legal Newspaper" drew attention to the fact that the criminalization of "Ukrainophobia" may create more problems than legal solutions. The key warning is that the formulations proposed in the draft law are evaluative in nature and are not established legal terms. In criminal law, this may create risks for the principle of legal certainty, as a person must clearly understand which actions are criminally punishable.
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