EUROPEAN LEGAL MECHANISMS OF FREEDOM OF EXPRESSION AND WHY HATE OF SPEECH CRIMES SHOULD BE PUNISHED MORE RIGOROUSLY
Journal Title: JUSTICIA International Journal of Legal Sciences - Year 2019, Vol 7, Issue 11
Abstract
The freedom of expression, regarded as a civilization gain and constitutional category, is very often widely interpreted and misused. Can the expression of various attitudes be interpreted as freedom of expression or those expressions can often mean libel and defamation, humiliation and marginalizing of certain groups (ethnic, religious, cultural, gender groups)?! Not always can this type of attitude and opinion expression be accepted as elements of freedom of speech. After the political changes in the late 80’s, the freedom of expression as a right was radicalized in all its aspects, especially in the countries of South-Eastern Europe. At that same historical moment, a technological progress took place which especially came forward in the sphere of the communications and media: appearance of new media - internet, globalization of the media space etc. Following of the fall of the Berlin Wall, the major expectations were supplying freedom of informing, speech, competition, pluralism, market economy, human rights, individuality etc. The direct political speeches, the demonstrations, pamphlets, free interviews and analytical columns have occupied the media, while the free communication between the government and the citizens was set up as a basic principle of the democratic equality. Considering these reasons, the freedom of speech was most often understood as freedom to inform, media pluralism, absence of censure etc. Twenty years later, even in the countries of South-Eastern Europe, the factors which bring the western democracy in crisis are present. Namely, the media are misused and the following is present: aggressive political marketing, propaganda, defamation, libel, hate speech. The media became synonyms of these states. These tendencies brought into light the topic about the freedom of speech, its restrictions and the misuse of this type of freedom. This document aims to formulate the research question and to emphasize the importance of proper regulation and punishment of crimes in order to raise the level of concussions in the process of building a real democracy and respect for human rights and freedoms. It is a crime committed with a motive of prejudice, two elements that make the act of hatred. In general sense we are talking about a negative concept and negative action that causes negative consequences. There must be a basic criminal act in order to have a hate crime, thus logically any crime can become a hate crime, from murder and rape, to harassment and vandalism. We are not talking only in the context of physical violence, but also words, threats and incitement to hatred. The acts of hatred convey the history of racism, discrimination and oppression that reflects inadequate evaluation of the victim. It is essentially a violation of fundamental ideals and principles, fundamental to modern democratic and multicultural societies. Hate crimes carry greater injuries that carry a strong message to the target person, the individuals or the group as a whole, inflict greater injuries and carry a greater offense than the basic crimes. More strictly and rigorously penalties as a solution to try to solve the problem of hate crimes in this modern society of globalization and at the same time a missing tool for active citizenship referring to an individual's resocialization and a deterrent effect from the thought of doing.
Authors and Affiliations
Tatjana PETRUHEVSKA, Jasna BACHOVSKA NEDIKJ, Martina GLIGOROVA
Keywords
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