How to deal with hate speech

Hate speech calls out real or perceived “identity factors” of an individual or a group, including: “religion, ethnicity, nationality, race, colour, descent, gender,” but also characteristics such as language, economic or social origin, disability, health status, or sexual orientation, among many others.

One common definition of hate speech is “any form of expression through which speakers intend to vilify, humiliate or incite hatred against a group or a class of persons on the basis of race, religion, skin color, sexual identity, gender identity, ethnicity, disability or national origin.” Courts have ruled that ...

Besides fake news, hate speech is the second big problem in social media.

It has been long overdue, but finally German lawmakers have approved a controversial law that would impose high fines on social media companies like Facebook, Twitter or YouTube for failing to swiftly delete posts deemed to exhibit hate speech.

Under the new legislation, social media companies have 24 hours to remove posts that obviously violate German law and have been reported by other users. In cases that are more ambiguous, Facebook and other sites have seven days to deal with the offending post. If they don't comply with the new legislation, the companies could face a fine of up to 50 million Euro ($57.1 million).

Hate speech may be offensive and hurtful; however, it is generally protected by the First Amendment. One common definition of hate speech is “any form of expression through which speakers intend to vilify, humiliate or incite hatred against a group or a class of persons on the basis of race, religion, skin color, sexual identity, gender identity, ethnicity, disability or national origin.” Courts have ruled that restrictions on hate speech would conflict with the First Amendment’s protection of the freedom of expression. Since public universities are bound by the First Amendment, public universities must adhere to these rulings. However, universities also have an obligation to create a safe, inclusive learning environment for all members of the campus community.

Skeptics criticize, however, that under the new rules social media managers are the ones who have to decide whether content complies with German law. They also worry that freedom of speech will suffer since, in their opinion, companies are likely to delete many posts just to be on the safe side and avoid fines.  

It can sometimes be hard to assess when a comment is meant as hate speech – especially when expressed in the virtual world. It can also feel overwhelming to try to deal with obviously hateful content. However, there are many ways you can take a stand, even if you are not personally the victim of hate speech. And you can make a difference.

In addition to the strict new rules about deletion, the law forces networks to reveal the identity of those behind the hateful posts and to offer users "an easily recognizable, directly reachable, and constantly available" complaint process for "prosecutable content," which includes libel, slander, defamation, incitement to commit a crime, hate speech against a particular social group, and threats.