Verbal assaults based on race, religion, ethnicity, sexual orientation and gender identity, or political and union affiliation or other identities or characteristics such as age or economic status can be described as hate speech.

Although there is no legally accepted definition of hate speech, the Criminal Code offers several mechanisms of protection. Under art. 317 (Instigating National, Racial and Religious Hatred and Intolerance) of the Criminal Code any and all speech negatively targeting people from certain backgrounds is prohibited. Art. 387 of the Criminal Code prohibts discrimination based, not only on race, but also on skin color, religous, national, or ethnic background, and personal characteristics and affiliations. 

This article also bans the publication of texts and material that propagates discrimiantion, conspiracy, and violence against individuals or groups belonging to these protected categories.  

Hate speech is also forbidden under the media law, and members of the media and media organizations can be penalized for hate speech in civil court proceedings. 

ADVICE: File charges and request the police and prosecutor initiate an investigation.

In addition to documentation , you can also report hate speech to the platform, as all explicitly forbid it in their terms of service. 

If hate speech is published online - on a website or media platform - you can request, via email or directly via the platform, removal of this content. 

Also, the Commissioner for the Protection of Equality can initiate a civil legal procedure investigation into the content. Initiated via written request, the Commissioner has 90 days to investigate and take a decision to respond to posted hate speech. Responses can include an apology, publication of an opinion, or a cease and desist order related to the hate speech.


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