Freedom of Expression and Hate Speech Via Social Media.pptx

International lega provisions to contrast hate speech online

1. Freedom of Expression and Hate Speech Via Social Media Maria Romana Allegri Professor of Public Law and Media Law Department CoRiS [email protected]

2. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 2 Freedom of expression vs. hate speech (1) Freedom of expression is the cornerstone of the democratic order, meaning that it is not possible to talk about democracy without an effective flow of ideas and comparison among them. The tight connection between freedom of expression and democracy has been affirmed on several occasions by national and international courts. However, freedom of expression is not an absolute right. Instead, it may be limited in the case of conflicting interests. Its limitations should be based on specific criteria identified in European provisions and jurisprudence. The main question is how to balance the competing interests: how to restrict speech inciting hatred, violence or discrimination without harming the core of the right to freedom of expression.

3. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 3 Freedom of expression vs. hate speech (2) Some are skeptical about the effectiveness of laws aimed at restricting hate speech, in the name of the freedom of expression. However, democracy is a struggle both for free speech and for the right to equality. Free speech therefore should not be sacrificed for the protection of the status quo. Destructive speech must be balanced against the requirements of the right to equality and non-discrimination. Free speech should be protected against arbitrary restrictions under the pretext of national security or the rights and reputation of others, etc., but the presence and promotion of political and social equality and freedom from racial, social or sexual discrimination are also essential for properly functioning democracies.

4. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 4 Problems in defining hate speech “Hate” is a vague term: does it mean that the speaker hates, or seeks to persuade others to hate, or wants to make people feel hated? What kind of targeted groups/identities are included in any legal definition of hate speech? What kind of harm has to happen for speech itself to be considered hateful?

5. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 5 Hate speech vs. hate crimes Hate crimes are criminal offences which are motivated by bias or by prejudice against a defined group of people. The two essential elements to qualify a hate crime are the following: the act is a criminal offence under national law; the act was motivated by bias/prejudice. Therefore, any offence ranging from threat to murder to property damage may fall into the category if the offence was committed motivated by bias. The difference between hate crime and hate speech lies in the fact the hate speech lacks a criminal offence basis. However, where incitement to criminal offences occurs, and a bias motive exists, then the expression may be qualified as hate crime. Moreover, hate speech may constitute evidence of committed hate crime.

6. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 6 Hate speech vs. discrimination Discrimination refers to cases where a comparable situation results in a differentiated treatment of individuals (or groups) without an objective justification. Discrimination usually involves worse treatment and may be based on various grounds such as age, sex, race, ethnic origin, sexual orientation, etc. Many of these grounds overlap with those related to hate speech. Therefore, it may be possible that hate speech includes an incitement to discrimination against specific groups or individuals.

7. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 7 Hate speech vs. defamation Defamation refers to cases where an individual deliberately presents or disseminates false or inaccurate facts harming the honor and reputation of another person. In this sense, defamation is based on the discredit the person may suffer in relation to society. Depending on the national legal framework, defamation can be a civil or criminal offence (or both) and can cover the honor and reputation not only of natural persons but also of legal entities and groups. Hate speech is also related to the harm caused to an individual’s or a group’s dignity under similar (yet not completely overlapping) grounds, but the disseminated content is based on the inherent identity characteristics of the victim and not on false or inaccurate facts.

8. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 8 A definition of hate speech There is no set definition for the common expression hate speech . The quest for a shared definition clashes with juridical, political, philosophical, and cultural debates over the boundaries of freedom of expression. Although some countries have laws against hate speech, their definitions of it vary significantly. National countries and single individuals have different levels of tolerance for speech about ‘protected characteristics’ (race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, or serious disability or disease). Some content may be perceived by different people as humorous/enjoyable/ironic or offensive/humiliating/blasphemous. As more and more communication takes place in digital form, online discussions reflect the diversity of human experience and cultures. Does a binding legal definition exists ?

9. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 9 LEGAL FRAMEWORK (UN and Council of Europe)

10. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 10 Binding rules at UN level International Convention on the Elimination of All Forms of Racial Discrimination, 1965, art. 4(a): [States Parties] shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, … International Covenant on Civil and Political Rights, 1966, art. 20(2): Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. Beside these rules, UN institutions (e. g. General Assembly or Council of Human Rights) have produced various soft law instruments (non-binding), such as declarations, resolutions, etc.

11. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 11 European Convention on Human Rights Everyone has the right to freedom of expression . This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. The exercise of these freedoms , since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society , in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others , for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. Article 10: Freedom of expression

12. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 12 European Convention on Human Rights The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour , language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Article 14: Prohibition of discrimination

13. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 13 European Convention on Human Rights Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. Article 17: Prohibition of abuse of rights

14. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 14 European Court of Human Rights (ECHR) This decision dealt with the seizure of a publication intended for teenagers, aimed at educating them on sexual matters, which was found obscene by the British authorities. The ECHR established the principle that «freedom of expression…is applicable not only to ‘information’ or ‘ideas’ that are favorably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population . Such are the demands of that pluralism, tolerance and broadmindedness without which there is no ‘democratic society’». Handyside v. UK, 7 December 1976

15. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 15 European Court of Human Rights (ECHR) This decision dealt with religious hatred allegedly expressed by a Turkish politician during a public speech. Tolerance and respect for the equal dignity of all human beings constitute foundations of a democratic, pluralistic society. That being so, as a matter of principle it may be considered necessary in certain democratic societies to sanction or even prevent all forms of expression which spread, incite, promote or justify hatred based on intolerance ..., provided that any .. ‘restrictions’... imposed are proportionate to the legitimate aim pursued. Erbakan v. Turkey , 6 October 2006

16. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 16 Binding instruments by the Council of Europe Protocol on xenophobia and racism (2003) added to the Budapest Convention on cybercrime (2001) States Parties are required to punish as criminal offence the intentional dissemination of «racist and xenophobic material to the public through a computer system». That means «any written material, any image or any other representation of ideas or theories, which advocates, promotes or incites hatred, discrimination or violence, against any individual or group of individuals, based on race, colour , descent or national or ethnic origin, as well as religion if used as a pretext for any of these factors». Other forbidden conducts: 1) racist and xenophobic motivated threats and insults; 2) denial, gross minimisation , approval or justification of genocide or crimes against humanity; 3) aiding or abetting the commission of any of the above-mentioned offences.

17. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 17 Non- binding definitions by the Council of Europe Recommendation No. (97) 20 on hate speech, October 1997: The term "hate speech" shall be understood as covering all forms of expression which spread, incite, promote or justify racial hatred, xenophobia, anti-Semitism or other forms of hatred based on intolerance, including: intolerance expressed by aggressive nationalism and ethnocentrism, discrimination and hostility against minorities, migrants and people of immigrant origin. European Commission against Racism and Intolerance (ECRI), General Policy Recommendation No 15 on hate speech, December 2016: Hate speech is to be understood as the advocacy, promotion or incitement, in any form, of the denigration, hatred or vilification of a person or group of persons, as well as any harassment, insult, negative stereotyping, stigmatization or threat in respect of such a person or group of persons and the justification of all the preceding types of expression, on the ground of "race", colour , descent, national or ethnic origin, age, disability, language, religion or belief, sex, gender, gender identity, sexual orientation and other personal characteristics or status.

18. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 18 Hate speech addressed by the European Court of Human Rights When dealing with cases concerning incitement to hatred and freedom of expression, the ECtHR uses two approaches which are provided for by the European Convention: exclusion from the protection of the Convention, provided for by Article 17 (prohibition of abuse of rights), where the comments in question amount to hate speech and negate the fundamental values of the Convention; and setting restrictions on protection, provided for by Article 10, paragraph 2, of the Convention (this approach is adopted where the speech in question, although it is hate speech, is not apt to destroy the fundamental values of the Convention). (See factsheet, exp. p. 23, Savva Terentyev v. Russia and Kilin v. Russia)

19. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 19 Online hate speech addressed by the ECtHR Internet news portals which, for commercial and professional purposes, provide a platform for user-generated comments assume the “duties and responsibilities” associated with freedom of expression where users disseminate hate speech or comments amounting to direct incitement to violence. Delfi v. Estonia (2015): offensive comments posted by readers below an online news articles. Where third-party user comments are in the form of hate speech and direct threats to the physical integrity of individuals, States are entitled to impose liability on Internet news portals, without contravening Article 10 of the Convention. MTE and Index v. Hungary (2016): although offensive and vulgar, the comments in the present case had not constituted clearly unlawful speech, because they did not incite to violence. Pihl v. Sweden (2017): although the anonymous comment had been offensive, it had not amounted to hate speech or an incitement to violence and had been taken down the day after the applicant’s complaint.

20. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 20 LEGAL FRAMEWORK (EUROPEAN UNION)

21. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 21 Article 2 TEU The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

22. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 22 Article 19(1) TFEU Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them upon the Union, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

23. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 23 Charter of Fundamental Rights of the EU Everyone has the right to freedom of expression . This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The freedom and pluralism of the media shall be respected. Article 11: Freedom of expression and information

24. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 24 Charter of Fundamental Rights of the EU Any discrimination based on any ground such as sex, race, colour , ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. Article 21: Non- discrimination

25. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 25 Charter of Fundamental Rights of the EU Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms . Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others. Article 52: Scope of guaranteed rights

26. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 26 Charter of Fundamental Rights of the EU Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised , in their respective fields of application, by Union law and international law and by international agreements to which the Union, the Community or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States’ constitutions. Article 53: Level of protection

27. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 27 Charter of Fundamental Rights of the EU Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein. Article 54: Prohibition of abuse of rights

28. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 28 Prohibition of hate speech in the EU law Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law: The following intentional conduct is punishable: (a) publicly inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to race, colour , religion, descent or national or ethnic origin; (b) … Is this definition exhaustive? European Parliament, Resolution 14 March 2013: it requests a review of Council Framework Decision 2008/913/JHA, in particular as regards expressions and acts of anti-Semitism, religious intolerance, anti- Gypsyism , homophobia and transphobia .

29. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 29 Audiovisual Media Service Directive Article 6(1): Without prejudice to the obligation of Member States to respect and protect human dignity, Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any: (a) incitement to violence or hatred directed against a group of persons or a member of a group based on any of the grounds referred to in Article 21 of the Charter; (b) public provocation to commit a terrorist offence as set out in Article 5 of Directive (EU) 2017/541. Directive (EU) 2018/1808

30. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 30 Audiovisual Media Service Directive Article 28b(b): … Member States shall ensure that video-sharing platform providers under their jurisdiction take appropriate measures to protect: (a) … (b) the general public from programmes , user-generated videos and audiovisual commercial communications containing incitement to violence or hatred directed against a group of persons or a member of a group based on any of the grounds referred to in Article 21 of the Charter; Directive (EU) 2018/1808

31. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 31 CODE OF CONDUCT FOR DIGITAL INTERMEDIARIES (EUROPEAN UNION)

32. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 32 Should digital intermediaries detect and remove online hate speech? Social media companies have largely shifted from reacting to posts flagged by users as hate speech to proactively detecting and addressing such content through their automated systems. These methods introduce complications: automated hate speech detection inevitably makes mistakes, which may lead to the removal of non-hateful content; excessive content removal could create chilling effects and undermine free speech. Using automated detection tools based on methods available today, Twitter, Facebook, Instagram and YouTube have increasingly reported flagged and/or removed content. But which percentage of hate speech still remains online?

33. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 33 Methods for the automated detection of online hate speech (1) Machine learning: Techniques that utilize computer algorithms that can improve automatically through experience and by the use of data. Natural language processing: Techniques that process and analyse large amounts of natural language data. Keyword-based approaches: Methods using an ontology or dictionary, identifying text that contains potentially hateful keywords. Distributional semantics: Methods for quantifying and categorizing similarities between words, phrases and sentences based on how they are distributed in large samples of data. Sentiment analysis: Methods to explain what kind of attitudes are conveyed in relation to a subject in a given text.

34. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 34 Methods for the automated detection of online hate speech (2) Source metadata: Some methods inform models through the meta-information of the data, such as data about the users associated with the messages, including network based features such as their number of followers. Deep learning: A class of machine learning algorithms that use multiple layers to progressively extract higher-level features from the raw input .

35. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 35 Code of conduct on countering illegal hate speech online (March 2016) Promoted by the European Commission. Hate speech is defined only with respect to Council Framework Decision 2008/913/JHA. Based on voluntary cooperation of digital intermediaries (notice-and-take-down procedures). Aimed at ensuring that illegal hate speech online is expeditiously acted upon by online intermediaries and social media platforms, upon receipt of a valid notification, in an appropriate time-frame. Censorship entrusted in IT companies. Approach more focused on the timely removal of the alleged hate speech than on the procedural guarantees that such a private enforcement mechanism should adopt Extreme flexibility of content policies. Algorithmic decisions + trusted flaggers.

36. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 36 Sixth evaluation of the Code of Conduct October 2021 https://ec.europa.eu/info/sites/default/files/factsheet-6th-monitoring-round-of-the-code-of-conduct_october2021_en_1.pdf The sixth evaluation on the Code of Conduct shows that while the average of notifications reviewed within 24 hours remains high (81%), it has decreased compared to 2020 (90.4%). At 62.5% the average removal rate was also lower than in 2019 and 2020. However, the progress of Instagram (66.2% removals in 2021, 42% in 2020) and Twitter (49.8% versus 35.9%) is noteworthy. TikTok was included in the evaluation for the first time and performed well (80.1% removals). Facebook received the largest amount of notifications (1799), followed by Twitter (1595), YouTube (519), Instagram (401) and Jeuxvideo.com (30). Snapchat, Dailymotion and Microsoft did not receive any notification in the course of the monitoring exercise. TikTok , which joined the Code in September 2020, received 199 notifications. On average, the IT companies responded with a feedback to 60.3% of the notifications received. This is lower than in the previous monitoring exercise (67.1%).

37. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 37 Sixth evaluation of the Code of Conduct October 2021 ( see leaflet )

38. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 38 PROPOSED REGULATION (EUROPEAN UNION)

39. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 39 Proposed EU regulation : Digital Service Act ( December 2020) - 1 Providers of intermediary services shall publish, at least once a year, clear, easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user-friendly, and allow for the submission of notices exclusively by electronic means. Where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service, it shall inform the recipient of the decision and provide a clear and specific statement of reasons for that decision. Information shall be given on the redress possibilities available to the recipient of the service in respect of the decision, in particular through internal complaint-handling mechanisms, out-of-court dispute settlement and judicial redress.

40. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 40 Proposed EU regulation : Digital Service Act ( December 2020) - 2 Online platforms shall provide recipients of the service, for a period of at least six months following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, easy to access and user friendly, which enables the complaints to be lodged electronically and free of charge, against decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions. Recipients of the service addressed by platforms’ decisions shall be entitled to select an out-of-court dispute settlement body in order to resolve disputes relating to those decisions. Online platforms shall take the necessary measures to ensure that notices submitted by trusted flaggers are processed and decided upon with priority and without delay.

41. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 41 Proposed EU regulation : Digital Service Act ( December 2020) - 3 Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content. Online platforms shall set out, in a clear and detailed manner, their policy in respect of the misuse. Online platforms shall publish very detailed transparency reports. Very large platforms (45 millions users or 10% EU population) shall identify, analyse and assess, at least once a year thereafter, any significant systemic risks stemming from the functioning and use made of their services in the Union. Systemic risks include consequences of dissemination of illegal content. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures.

42. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 42 Proposed EU regulation : Digital Service Act ( December 2020) - 4 Member States shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this Regulation shall not exceed 6 % of the annual income or turnover of the provider of intermediary services concerned (or 5 % of the average daily turnover of the provider of intermediary services concerned). Recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. Enhanced supervision for very large online platforms entrusted in the European Commission (fines up to 6% of platform’s total turnover).

43. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 43 What is illegal content (to be removed )? Whereas no. 12 In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse, unlawful non-consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non- authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question .

44. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 44 Extending EU crime to hate speech e hate crimes (1) In her 2020 State of the European Union address, Commission President Von der Leyen announced that the Commission will propose to extend the list of EU crimes to all forms of hate crime and hate speech, whether because of race, religion, gender or sexuality. Article 83(1) of the TFEU lays down an exhaustive list of areas of crime where the European Parliament and the Council may establish minimum rules concerning the definition of criminal offences and sanctions applicable in all EU Member States. This list contains the following areas of crime: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.

45. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 45 Extending EU crime to hate speech e hate crimes (2) Article 83(1) of the TFEU also provides that, based on developments in crime, the Council may adopt a decision identifying other areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis. Therefore, the first step is that the Council unanimously adopts, after obtaining the consent of the European Parliament, a decision identifying hate speech and hate crime as another area of crime that meets the criteria set out in Article 83(1) of the TFEU. As a second step, the Commission may propose the adoption of directives establishing minimum rules on the definitions and sanctions of hate speech and hate crime to be adopted by the European Parliament and the Council in line with the ordinary legislative procedure.

46. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 46 Extending EU crime to hate speech e hate crimes (3) COM(2021) 777 (December 2021): through this Communication, the Commission invites the Council, with the consent of the European Parliament, to take this initiative forward and decide on the extension of the list of EU crimes to hate speech and hate crime. In the Commission’s view, only a common initiative at EU level can effectively protect the common values enshrined in Article 2 of the TEU, which are undermined by all forms of hate speech and hate crime, regardless of the persons and groups targeted. Only a common approach to the criminalisation of hate speech and hate crime at EU level can ensure a consistent protection of the victims of such acts across the EU.

47. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 47 DIGITAL INTERMEDIARIES’ CONTENT POLICIES ON HATE SPEECH

48. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 48 Reporting hate speech on social media platforms (No Hate Speech Youth Campaing ) Explanations on how you can flag hate speech content https://www.coe.int/en/web/no-hate-campaign/reporting-on-social-media-platforms#{%2237117289%22:[4]}

49. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 49 META policy on hate speech (1) We define hate speech as a direct attack against people – rather than concepts or institutions – on the basis of what we call protected characteristics: race, ethnicity, national origin, disability, religious affiliation, caste, sexual orientation, sex, gender identity and serious disease. We define attacks as violent or dehumanising speech, harmful stereotypes, statements of inferiority, expressions of contempt, disgust or dismissal, cursing and calls for exclusion or segregation. We also prohibit the use of harmful stereotypes, which we define as dehumanising comparisons that have historically been used to attack, intimidate or exclude specific groups, and that are often linked with offline violence. We consider age a protected characteristic when referenced along with another protected characteristic. We also protect refugees, migrants, immigrants and asylum seekers from the most severe attacks, though we do allow commentary and criticism of immigration policies.

50. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 50 META policy on hate speech (2) Approach: algorithmic detection (90%) + human review (where the sentiment of the post is unclear, its language is particularly complex or its imagery too context-dependent). Technology is used to prioritise high-severity content with the potential for offline harm and viral content which is spreading quickly. When determining which content human review teams should review first, three main factors are considered: SEVERITY: How likely is it that the content could lead to harm, both online and offline? VIRALITY: How quickly is the content being shared? LIKELIHOOD OF VIOLATING: How likely is it that the content in question does in fact violate FB policies? https://transparency.fb.com/en-gb/policies/community-standards/hate-speech/ https://transparency.fb.com/data/community-standards-enforcement/hate-speech/facebook/

51. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 51 META policy on hate speech (3)

52. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 52 META Oversight Board If you disagree with a content decision (content taken down or left up) Meta has made on Facebook or Instagram, you can appeal the decision to the Oversight Board. The Board is composed of experts all around the world, such as academics, technical experts, lawyers, designers and technologists, as well as input from members of the public. The selection process is not transparent. Their identities are not disclosed on website. In May 2020, the Oversight Board's first 20 members were announced. The board began hearing cases in October 2020. Decisions: https://transparency.fb.com/en-gb/oversight/oversight-board-cases/ Recommendations: https://transparency.fb.com/en-gb/oversight/oversight-board-recommendations/

53. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 53 TWITTER policy on hate speech (1) https://help.twitter.com/en/rules-and-policies/hateful-conduct-policy Hateful conduct: You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories. Hateful imagery and display names: You may not use hateful images or symbols in your profile image or profile header. You also may not use your username, display name, or profile bio to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category.

54. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 54 TWITTER policy on hate speech (2) More in details: We prohibit content that makes violent threats against an identifiable target. We prohibit content that wishes, hopes, promotes, incites, or expresses a desire for death, serious bodily harm, or serious disease against an entire protected category and/or individuals who may be members of that category. We prohibit targeting individuals or groups with content that references forms of violence or violent events where a protected category was the primary target or victims, where the intent is to harass. We prohibit inciting behavior that targets individuals or groups of people belonging to protected categories. We prohibit targeting individuals and groups with content intended to incite fear or spread fearful stereotypes about a protected category. We prohibit targeting others with repeated slurs, tropes or other content that intends to dehumanize, degrade or reinforce negative or harmful stereotypes about a protected category. We consider hateful imagery to be logos, symbols, or images whose purpose is to promote hostility and malice against others based on their race, religion, disability, sexual orientation, gender identity or ethnicity/national origin.

55. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 55 TWITTER policy on hate speech (3) Users can report violations (divided into categories, specific online forms of each of them). Twitter will display a set of options to react to reports (see following slides) Online appeal against suspended or blocked accounts or deleted tweets.

56. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 56 TWITTER policy on hate speech (4) The following is a list of potential enforcement options for content that violates this policy: Labeling Tweets containing misleading or disputed information. Downranking Tweets in replies, except when the user follows the Tweet author. Making Tweets ineligible for amplification in Top search results and/or on timelines for users who don’t follow the Tweet author. Excluding Tweets and/or accounts in email or in-product recommendations. Requiring Tweet removal and hiding violating Tweets while awaiting removal. For example, we may ask someone to remove the violating content and serve a period of time in read-only mode before they can Tweet again. Subsequent violations will lead to longer read-only periods and may eventually result in permanent suspension. Suspending accounts whose primary use we’ve determined is to engage in hateful conduct as defined in this policy, or who have shared violent threats.

57. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 57 TWITTER policy on hate speech (5)

58. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 58 YOUTUBE policy on hate speech (1) https://support.google.com/youtube/answer/2801939?hl=en Hate speech is not allowed on YouTube. We remove content promoting violence or hatred against individuals or groups based on any of the following attributes: Age Caste Disability Ethnicity Gender Identity and Expression Nationality Race Immigration Status Religion Sex/Gender Sexual Orientation Victims of a major violent event and their kin Veteran Status

59. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 59 YOUTUBE policy on hate speech (3) The YouTube Trusted Flagger program was developed by YouTube to help provide robust tools for individuals, government agencies, and non-governmental organizations (NGOs) that are particularly effective at notifying YouTube of content that violates our  Community Guidelines . The YouTube Trusted Flagger program includes: A bulk-flagging tool that allows for reporting multiple videos at one time Visibility into decisions on flagged content Prioritized flag reviews for increased actionability Ongoing discussion and feedback on various YouTube content areas For NGOs only: Occasional online trainings

60. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 60 YOUTUBE policy on hate speech (4) 1 st violation: user receives a warning, that r emains on the channel. 2 nd violation: user receives a strike (temporary block for 1 week). User can submit an appeal against strikes. 3 rd violation within 90 days: second strike (temporary block for 2 weeks). Possibility of appeal. 4 th violation within the same 90-day period: third strike and permanent removal of the channel. Possibility of appeal.

61. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 61 YOUTUBE policy on hate speech (5)

62. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 62 TIKTOK policy on hate speech (1) https://www.tiktok.com/community-guidelines?lang=en#38 We do not permit content that contains hate speech or involves hateful behavior, and we remove it from our platform. We ban accounts and/or users that engage in severe or multiple hate speech violations or that are associated with hate speech off the TikTok platform. We define hate speech or behavior as content that attacks, threatens, incites violence against, or otherwise dehumanizes an individual or a group on the basis of the following protected attributes: Race Ethnicity National origin Religion Caste Sexual orientation Sex Gender Gender identity Serious disease Disability Immigration status

63. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 63 TIKTOK policy on hate speech (2) Do not post, upload, stream, or share: Content claiming individuals or groups with protected attributes are physically, mentally, or morally inferior or referring to them as criminals, animals, inanimate objects, or other non-human entities Content promoting or justifying violence, exclusion, segregation, or discrimination against them Content that includes the use of non-self referential slurs Content that targets transgender or non-binary individuals through misgendering or deadnaming Content that depicts harm inflicted upon an individual or a group on the basis of a protected attribute Content that praises, promotes, glorifies, or supports any hateful ideology (e.g., white supremacy, misogyny, anti-LGBTQ, antisemitism) Content that contains names, symbols, logos, flags, slogans, uniforms, gestures, salutes, illustrations, portraits, songs, music, lyrics, or other objects related to a hateful ideology Content that promotes, supports, or advertises conversion therapy or related program Content that denies well-documented and violent events have taken place affecting groups with protected attributes (e.g., Holocaust denial) Claims of supremacy over a group of people with reference to other protected attributes Conspiracy theories used to justify hateful ideologies

64. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 64 TIKTOK policy on hate speech (3) Content on TikTok first goes through technology that identifies and flags potential policy violations. In the areas where our technology is the most accurate, the content will be automatically removed. In other areas, content will be flagged for additional review by our Safety team . From here: • If the content violates Community Guidelines, we'll remove the video and notify the creator of the reason. We'll also give you the opportunity to appeal the removal directly from the app. • If we don't identify a violation, the video will be posted to TikTok . Keep in mind, if the video is reported or flagged in the future, it could still be removed for violating guidelines.

65. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 65 TIKTOK policy on hate speech (4) First violation: We'll send a warning in the app the first time your content violates our Community Guidelines. If the violation is a zero-tolerance policy, it will result in an automatic ban. We may also block a device to help prevent future accounts from being created. After your first violation, we can take one or more of the following actions: Temporary ban (suspension 24-28 h or restrictions 72 h) Notification + permanent ban After several violations, we'll notify you that your account may be permanently banned. This means that if the behavior persists, the account will be permanently banned. In case of extremely serious violations (es. child sexual abuse): zero-tolerance policy (immediate and ban) Possibility to appeal directly from app.

66. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 66 TIKTOK policy on hate speech (5)

67. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 67 TIKTOK policy on hate speech (6)

68. M. R. Allegri June 2022 Freedom of Expression and Hate Speech Via Social Media Pagina 68 THE END Thank you for your attention For comments : [email protected]