Howard Erica, Moving hate speech to the civil courts

This article examines whether hate speech against vulnerable groups can be challenged under anti-discrimination measures. It is argued that criminal laws against hate speech have a number of disadvantages; and, that, therefore, alternative ways of dealing with hate speech need to be found. A possible alternative could be found in anti-discrimination laws, which generally contain civil remedies. This article analyses whether anti-discrimination provisions in the ECHR and in EU law can be used against the speaker or author of hate speech. Hate speech can involve two fundamental human rights: the right to freedom of expression and the right to be free from discrimination. Both these rights and the possible conflict between the two are part of the discussion in this article. The conclusion is that the EU anti-discrimination directives do provide an alternative and better way of challenging hate speech.