Abstract:
This thesis aims to study about the role of the jurisprudence of international and regional human rights mechanisms in shaping the scope of restriction on hate speech under the framework of human rights treaties, in particular International Covenant on Civil and Political Rights, International Convention on the Elimination of All Forms of Racial Discrimination, European Convention on Human Rights, American Convention on Human Rights and African Charter on Human and Peoples Rights. The study shows that restriction on hate speech must be examined under general rules for limiting freedom of expression: legality, legitimacy and necessity, as well as specific rules for limiting hate speech that is Incitement to Hatred or Dissemination of Ideas based on racial superiority or racial hatred. In determining permissible scope for limiting hate speech, important factors other than the content of the speech itself are the aim of the speaker, the role of the speaker in society, the role of the person(s) targeted by the speech in society, the form of the speech and its impact to the society, the context at the time the speech was made and disseminated and the place and time of the dissemination, and the nature and severity of the measure used by the State to interfere with freedom of expression. These elements not only help defining the scope of restriction on hate speech but also operate as a protection mechanism for individuals exercising their freedom.