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SAVVA TERENTYEV v. RUSSIA JUDGMENT
– provide the public and media professionals with information on legal provisions
which apply to hate speech.”
Principle 3
“The governments of the member states should ensure that in the legal framework
referred to in Principle 2, interferences with freedom of expression are narrowly
circumscribed and applied in a lawful and non-arbitrary manner on the basis of
objective criteria. Moreover, in accordance with the fundamental requirement of the
rule of law, any limitation of, or interference with, freedom of expression must be
subject to independent judicial control. This requirement is particularly important in
cases where freedom of expression must be reconciled with respect for human dignity
and the protection of the reputation or the rights of others.”
...
Principle 5
“National law and practice should allow the competent prosecution authorities to
give special attention, as far as their discretion permits, to cases involving hate speech.
In this regard, these authorities should, in particular, give careful consideration to the
suspect’s right to freedom of expression given that the imposition of criminal
sanctions generally constitutes a serious interference with that freedom. The
competent courts should, when imposing criminal sanctions on persons convicted of
hate speech offences, ensure strict respect for the principle of proportionality.”
2. General Policy Recommendation No. 15 of the European
Commission against Racism and Intolerance
38. On 8 December 2015 the Council of Europe’s European
Commission against Racism and Intolerance (ECRI) adopted General
Policy Recommendation No. 15 on combating hate speech. In its relevant
parts, the recommendation reads as follows:
“The European Commission against Racism and Intolerance (ECRI):
...
Considering that that hate speech is to be understood for the purpose of the present
General Policy Recommendation as the advocacy, promotion or incitement, in any
form, of the denigration, hatred or vilification of a person or group of persons, as well
as any harassment, insult, negative stereotyping, stigmatization or threat in respect of
such a person or group of persons and the justification of all the preceding types of
expression, on the ground of "race", colour, descent, national or ethnic origin, age,
disability, language, religion or belief, sex, gender, gender identity, sexual orientation
and other personal characteristics or status;
...
Recognising also that forms of expression that offend, shock or disturb will not on
that account alone amount to hate speech...
...
Aware of the grave dangers posed by hate speech for the cohesion of a democratic
society, the protection of human rights and the rule of law but conscious of the need to