#DigitalShelvesInitiative

Compiled by Tarlach McGonagle
April 2024

This reading list on hate speech is structured somewhat differently to the other reading lists in the #DigitalShelvesInitiative. It has two parts: Part I comprises academic and policy materials and resources; Part II sets out an extensive selection of regulatory and policy instruments addressing hate speech, organised per intergovernmental organisation (Council of Europe, United Nations, European Union, Organization for Security and Cooperation in Europe).

PART I

Academic and policy materials and resources

• Judit Bayer and Petra Bárd, Hate speech and hate crime in the EU and the evaluation of online content regulation approaches, report requested by the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE), July 2020.
• Alexander Brown, ‘Models of Governance of Online Hate Speech’, Council of Europe, 2020.
• Alex Brown, Hate Speech Law: A Philosophical Examination (New York, Routledge, 2015) [Open access].
• European Union Agency for Fundamental Rights, Online content moderation – Current challenges in detecting hate speech, Vienna, November 2023.
• Tarlach McGonagle (Ed.) and Dirk Voorhoof (et al.), Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights, IRIS Themes, Vol. III, 8th edition (Strasbourg, European Audiovisual Observatory, 2023).
• Tarlach McGonagle, ‘The Council of Europe against online hate speech: Conundrums and challenges’, Expert paper, doc.no. MCM 2013(005), the Council of Europe Conference of Ministers responsible for Media and Information Society, ‘Freedom of Expression and Democracy in the Digital Age: Opportunities, Rights, Responsibilities’, Belgrade, 7-8 November 2013.
• Tarlach McGonagle, ‘Free expression and respect for others’, in Yasha Lange, Ed., Living Together: a handbook on Council of Europe standards on media’s contribution to social cohesion, intercultural dialogue, understanding, tolerance and democratic participation (Strasbourg, Council of Europe Publishing, 2009), pp. 7-20.
• Tarlach McGonagle, ‘The Council of Europe and Internet Intermediaries: A Case Study of Tentative Posturing’, in Rikke Frank Jørgensen (Ed.), Human Rights in the Age of Platforms (Cambridge, Massachusetts and London, England, The MIT Press, 2019), pp. 227-253. [Open access].
• Jacob Mchangama and Natalie Alkiviadou, ‘Hate Speech and the European Court of Human Rights: Whatever Happened to the Right to Offend, Shock or Disturb?’, Human Rights Law Review, 2021, 00, 1-35.
• Katie Pentney, ‘Decoding Hate’, podcast series, 2021.
• Patrick Thornberry, The International Convention on the Elimination of All Forms of Racial Discrimination: A Commentary (Oxford, Oxford University Press, 2016). Institutional access via: https://opil.ouplaw.com/view/10.1093/law/9780199265336.001.0001/law-9780199265336.
• Patrick Thornberry, “International Convention on the Elimination of All Forms of Racial Discrimination: the prohibition of ‘racist hate speech’”, in Tarlach McGonagle and Yvonne Donders (Eds.), The United Nations and Freedom of Expression and Information: Critical Perspectives (Cambridge, Cambridge University Press, 2015), pp. 121-144. Available via Cambridge Core: https://doi.org/10.1017/CBO9781316018552
• Françoise Tulkens, ‘The Hows and Whys: Freedom of Expression, a Human Right’ [Video interview on hate speech (in French with subtitles in English)], Council of Europe, 2015.
• Françoise Tulkens, ‘When to say is to do – Freedom of expression and hate speech in the case-law of the European Court of Human Rights’, European Court of Human Rights – European Judicial Training Network, Seminar on Human Rights for European Judicial Trainers, 7 July 2015.
• Françoise Tulkens, ‘The hate factor in political speech: Where do responsibilities lie?’, Report of the Council of Europe Conference on “The hate factor in political speech: Where do responsibilities lie?”, Warsaw, 18-19 September 2013, Doc. No. MCM(2013)002.
• Bertie Vidgen, Emily Burden and Helen Margetts, “Understanding online hate: VSP Regulation and the broader context”, Alan Turing Institute, February 2021.
• Anne Weber, Manual on hate speech (Strasbourg, Council of Europe Publishing, 2009).
• Richard A. Wilson and Molly Land, “Hate Speech on Social Media: Content Moderation in Context” 52 Connecticut Law Review 1029 (No. 3, February 2021).
• “The regulation of hate speech online”, Special Issue, Journal of Media Law, Volume 14, Issue 1 (2022).

Other online resources

• The Anti-Defamation League, ‘The Pyramid of Hate’ (Student edition), Mini-Lesson.
• ARTICLE 19, The Camden Principles on freedom of expression and equality, 2009.
• ARTICLE 19, ‘Hate Speech’ Explained – A Toolkit, 2015.
• Dangerous Speech Project
• The Future of Free Speech:
  • ECHR hate speech case database
  • UN hate speech case database
• International Network for Hate Studies.

PART II

Council of Europe

Treaties

• Convention for the Protection of Human Rights and Fundamental Freedoms, ETS No. 5, 4 November 1950 (entry into force: 3 September 1953).
• Framework Convention for the Protection of National Minorities, ETS No. 157, 1 February 1995 (entry into force: 1 February 1998).
• Additional Protocol to the Convention on cybercrime concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems, ETS No. 189, 28 January 2003 (entry into force: 1 March 2006).

European Court of Human Rights

• European Court of Human Rights (Jurisconsult), Guide on Article 10 of the European Convention on Human Rights – Freedom of expression, 31 August 2022.
• European Court of Human Rights (Jurisconsult), Guide on Article 17 of the European Convention on Human Rights – Prohibition of abuse of rights, 31 August 2022.
• European Court of Human Rights (Press Unit), Factsheet – Hate speech, November 2023.
• European Court of Human Rights – KS, Key theme – Article 10 Hate speech, 31 August 2023.
• European Court of Human Rights – KS, Key theme – Articles 8, 13 and 14 Protection against hate speech, 31 August 2023.

Committee of Ministers

• Recommendation CM/Rec(2022)16 of the Committee of Ministers to member States on combating hate speech, 20 May 2022.
• Recommendation CM/Rec(2019)1 of the Committee of Ministers to member States on preventing and combating sexism, 27 March 2019.
• Declaration by the Committee of Ministers on the legacy of the No Hate Speech Movement youth campaign, 29 May 2019.
• Recommendation CM/Rec(2018)2 of the Committee of Ministers to member States on the roles and responsibilities of internet intermediaries, 7 March 2018.
• Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity, 31 March 2010.
• Recommendation No. R (97) 20 of the Committee of Ministers to member states on “hate speech”, 30 October 1997.
• Recommendation No. R (97) 21 of the Committee of Ministers to member states on the media and the promotion of a culture of tolerance, 30 October 1997; Explanatory Memorandum.

Parliamentary Assembly

• Resolution 2275 (2019), The role and responsibilities of political leaders in combating hate speech and intolerance, 10 April 2019.
• Recommendation 2098 (2017) Ending cyberdiscrimination and online hate, 26 January 2017; Resolution 2144 (2017), Ending cyberdiscrimination and online hate, 25 January 2017; both available via: https://pace.coe.int/en/files/23457.
• Recommendation 2032 (2014) & Resolution 1967 (2014), A strategy to prevent racism and intolerance in Europe, 28 January 2014; both available via: https://pace.coe.int/en/files/20431.
• Recommendation 1805 (2007), Blasphemy, religious insults and hate speech against persons on grounds of their religion, 29 June 2007.

European Commission against Racism and Inequality (ECRI)

• ECRI General Policy Recommendation No. 15 on combating hate speech, 2015.
• ECRI General Policy Recommendation No. 7 (revised) on national legislation to combat racism and racial discrimination (adopted in 2002 and revised in 2017).
• ECRI General Policy Recommendation No. 6 on combating the dissemination of racist, xenophobic and antisemitic material via the internet, 2000.

Congress of Local and Regional Authorities

• Congress of Local and Regional Authorities, Charter of European Political Parties for a Non-Racist Society (Revised), Resolution 415 (2017): https://rm.coe.int/16806fe48b

Venice Commission

• European Commission for Democracy through Law (Venice Commission), Report on the Relationship between Freedom of Expression and Freedom of Religion: the Issue of Regulation and Prosecution of Blasphemy, Religious Insult and Incitement to Religious Hatred, CDL-AD(2008)026, adopted at its 76th Plenary Session held in Venice on 17-18 October 2008.

General resources

• Council of Europe Media & Internet Division portal site on hate speech. 
• Council of Europe Committee of Experts on Combating Hate Speech.
  • Background document
• European Commission against Racism and Intolerance (ECRI), Combating racism while respecting freedom of expression (Strasbourg, Council of Europe, 2007).
• Council of Europe HELP (Human Rights Education for Legal Professionals) Programme, Course on Hate Speech, 2020.    

United Nations

Treaties and Declarations

• Universal Declaration of Human Rights, United Nations General Assembly Resolution 217A (III), 10 December 1948.
• Convention on the Prevention and Punishment of the Crime of Genocide, United Nations General Assembly Resolution 260 A (III) of 9 December 1948 (entry into force: 12 January 1951).
• International Convention on the Elimination of All Forms of Racial Discrimination, United Nations General Assembly Resolution 2106 (XX), 21 December 1965 (entry into force: 4 January 1969).
  • CERD, General Recommendation No. 35 – Combating racist hate speech, Doc. No. CERD/C/GC/35, 23 September 2013.
  • CERD Day of Thematic Discussion On “Racist hate speech”, Geneva, 28 August 2012.
• International Covenant on Civil and Political Rights, United Nations General Assembly Resolution 2200A (XXI), 16 December 1966 (entry into force: 23 March 1976).
  • Human Rights Committee, General Comment No. 34 – Article 19: freedoms of opinion and expression, Doc. No. CCPR/C/GC/34, 12 September 2011.

UN Special Rapporteurs

• UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Report on online hate speech, UN Doc. No. A/74/486, 9 October 2019.
• UN Special Rapporteur on minority issues:
  • Report on hate speech, social media and minorities, UN Doc. No. A/HRC/46/57, 3 March 2021;
  • Report on Hate speech and incitement to hatred against minorities in the media, UN Doc. No. A/HRC/25/56, 5 January 2015.
• UN Special Rapporteur on freedom of religion or belief, Hate speech and incitement to hatred or violence webpage.
• UN Special Rapporteur on contemporary forms of racism, Thematic reports.

Miscellaneous

• Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, 2012:
  • Overview 1
  • Overview 2
• United Nations Strategy and Action Plan on Hate Speech portal page, including:
  • United Nations Strategy and Action Plan on Hate Speech (May 2019);
  • United Nations Guidance Note on Addressing and Countering COVID-19 related Hate Speech (May 2020);
  • Detailed Guidance on Implementation of the UN Strategy and Plan of Action for United Nations Field Presences (September 2020).

European Union

• Charter of Fundamental Rights of the European Union, OJ C 202, 7 June 2016, pp. 389–405.
• Council of the European Union Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law, OJ L 328, 6.12.2008, p. 55–58.
• European Parliament resolution of 18 January 2024 on extending the list of EU crimes to hate speech and hate crime (2023/2068(INI)).
• European Parliament resolution of 25 November 2020 on strengthening media freedom: the protection of journalists in Europe, hate speech, disinformation and the role of platforms (2020/2009(INI)).
• European Parliament resolution of 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI free zones (2019/2933(RSP)).
• The (EU) Code of Conduct on Illegal Hate Speech Online, European Commission webpage.

OSCE

• OSCE High Commissioner on National Minorities, Tallinn Guidelines on National Minorities and the Media in the Digital Age, 2019.
• OSCE High Commissioner on National Minorities, Explanimation: Minorities and the media, 2019.