Home > 2.5 Election campaign > Report on Electoral Law and Electoral Administration in Europe
 
 
 
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Paragraph 159
 

In contrast, taking legal measures against hate speech is a human right obligation that arises from human right treaties, such as the International Convention on the Elimination of All Forms of Racial Discrimination (CERD, Art. 4) and the International Covenant on Civil and Political Rights (ICCPR, Art. 20.2). In fact, in a number of CoE member states (e.g. the Czech Republic, Lithuania, Norway, Romania, Slovenia, and as “Volksverhetzung” in Germany) national laws prohibit hate speech and/or incitement to hate and violence. In times of usually hot electoral campaigns, however, even in the case of hate speech legal sanctions should be applied very cautiously and reluctantly, particularly against electoral contenders and their supporters. There are a number of less invasive – administrative, political and educational – measures available to address legally and morally reprehensible speech. For instance, electoral commissions may facilitate the development of codes of conduct for electoral contestants and/or the media. Much can also be gained by documenting hate speech in a systematic manner, and if electoral stakeholders make clear and unanimous statements against hate speech and intolerance (instead of reinforcing them). Just as important are educational campaigns. The “No Hate Speech Movement” led by the Council of Europe Youth Department, for example, is a youth campaign seeking to mobilise young people to combat hate speech and promote human rights online.