The following is the presentation delivered by Open Net researcher Kimmy Oh at the Article 21 Net meeting on July 25, concerning the concept and punishment of hate speech.

1. What is Hate Speech?

Hate speech covers a wide spectrum of expressions—from prejudice, contempt, ridicule, or insults against minorities to explicit exclusion, discrimination, or violence against women and other vulnerable groups. Examples include sexist remarks, anti-LGBTQ statements, xenophobic slurs, and calls to physically expel immigrants.

2. Different Types and Responses

Not all hate speech can or should be treated the same. The Korean National Human Rights Commission classifies it into categories:

Discriminatory harassment (e.g., in workplaces or schools)
Prejudice promotion (spreading stereotypes, opposing LGBTQ events)
Insults (demeaning remarks targeting minorities)
Incitement to hatred/violence (explicit calls for violence against groups)

3. International Standards

The Universal Declaration of Human Rights (1948) recognized the problem, but lacked binding force.
Binding treaties followed: ICERD (1965) and ICCPR (1966), both prohibiting incitement to racial or religious hatred.
International standards restrict criminal punishment of hate speech to clear incitement to violence and require proportionality.
The Rabat Plan of Action (2012) outlined a six-part test for identifying punishable hate speech: context, speaker’s status, intent, content/form, dissemination, and likelihood of harm.

4. Why Punishable Hate Speech is Narrowly Defined

Preventing abuse by power: Broad restrictions risk state misuse and censorship.
Low direct harm of speech: Unlike physical acts, the harmful effects of speech require mediation (e.g., audience reaction).
International law protects freedom of expression as a cornerstone of democracy and limits restrictions to cases of “clear and imminent danger.”

5. Problems with Criminalization

Only extreme forms (incitement to violence) are punished, leaving “subtle” but harmful expressions untouched.
Risk of legitimizing harmful speech as “legal but acceptable.”
Overemphasis on punishment may distract from addressing the underlying social, political, and economic causes of hatred.

6. Suggested Solutions

Counter-speech to challenge harmful narratives
Anti-discrimination legislation to provide structural protection

References
Park Kyung Sin, The Crime of Spreading Truth (2012)
Hong Sungsoo, When Words Become Weapons (2018)

Korean version text