Public order as a lifebelt in the fight against racism and xenophobia by Carri Ginter and Anneli Soo

In the latest issue of the Estonian law journal Juridica, Dr Carri Ginter and associate professor Anneli Soo analyse the possibility for a Member State to criminalise racism and xenophobia as hate speech, which poses a threat to public order.

“There are societies that are ready to criminalise a whole range of disturbing statements, seeing as in the past similar statements have had disastrous consequences in the country or have caused unnecessary harm to individuals. Others avoid labelling such statements as hate speech and criminalising them wherever possible. Their history has shown that little is sufficient to go down the path of restrictions on freedom of expression.

The need to tackle severe xenophobia and racism is evident, and criminal sanctions may be necessary. However, society also needs guarantees to be sure that only severe cases of racism and xenophobia are criminally sanctioned. Such expectation aligns with the Framework Decision’s underlying principle.”

Full-text article available at: https://www.juridica.ee/article.php?uri=2022_6_avalik_kord_kui_p_ster_ngas_v_itluses_rassismi_ja_ksenofoobiaga