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18 Info. & Comm. Tech. L. 79 (2009)
The Challenge of Hate Speech Online

handle is hein.journals/infctel18 and id is 79 raw text is: Information & Communications Technology Law Routledge Vol. 18, No. 2, June 2009, 79-82 Taylor&Francis Group The challenge of hate speech online Chris Reed* School of Law, Queen Mary University, London, 67 69 Lincoln's Inn Fields, London, WC2A 3JB, UK Real-world hate speech crimes are defined by reference to the special attributes of the victim. A thought experiment about hate speech in virtual worlds indicates that this approach to the criminalisation of hate speech may not be sustainable. Keywords: hate speech; virtual worlds The obvious and immediate challenge posed by the online spaces which have recently come into existence is how to apply and enforce existing laws against hate speech. Difficult questions such as where hate speech is 'uttered', and who is responsible for its utterance, will need to be answered. Beyond that lies a further challenge to the fundamental theoretical basis for the criminalisation of hate speech. Digital technology has already led us to re-examine concepts which previously needed no detailed analysis, such as copying or making a signature. In just the same way, crimes involving hate speech make implicit assumptions about matters such as personality and the attributes of victims, assumptions which may not so readily be applicable in online worlds. Most hate speech crimes exhibit two basic elements. They require the defendant to have incited hatred, and in addition that incitement must be directed against identifiable groups (or individuals belonging to such a group) which are defined by an attribute which merits special protection. The latter is usually because the incitement of hatred against such groups has historically led to their oppression. It is important to note that the mere incitement of hatred against an individual or a group is not a hate speech crime, though it may amount to harassment or some kind of public order or communications offence.1 Only the incitement of hatred against specially protected groups is an offence. These protected groups are normally defined by one or more of four characteristics: race, colour, sexual orientation or creed. In the offline world these groups are quite easy to identify as having protected status, largely because they have existed for some long period of time and have achieved social recognition as meriting stronger protection than other groups. New groups can arise very rapidly online, apparently meeting many of the law's criteria for protection from hate speech. How should we decide whether these groups can be the subject of criminal hate speech? *Email: chris.reed a qmul.ac.uk ISSN 1360-0834 print/ISSN 1469-8404 online DOI: 10.1080/13600830902812202 http://www.informaworld.com

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