The limits of freedom of expression
Freedom of expression or total verbal disrespect?
Article 21 of the italian Constitution recognises freedom of expression of thought as a fundamental and inviolable right and guarantees its exercise through any means of communication.
The protection of the free expression of thought does not only cover the profile of the disclosure of one’s opinions, but also includes the right to information and criticism.
Can we really consider ourselves entitled to say whatever we want and think on the web and social media?
The answer is negative.
Freedom of thought expression must not, in any way, lead to hostile, discriminatory and intolerance-based outbursts.
Unfortunately, in the age of the internet and ‘keyboard lions’ this is what happens more and more frequently, undermining the fundamental values of society.
Care must be taken.
It is wrong to think that there is no responsibility attached to words posted on the web.
An outburst on the internet can be very costly.
WHAT IS HATE SPEECH?
Hate speech is a specific form of communication expressed in insulting ways of expressing thoughts. Spread and repeated through the Internet, such forms of expression have the effect of:
- feeding prejudices
- spreading and consolidating stereotypes;
- reinforcing the hostility of certain groups of people towards other groups with different characteristics. Minority groups are usually the victims. But today we are witnessing a phenomenon of the opposite sign.
WHAT FORMS OF PROTECTION DOES THE LEGAL SYSTEM RECOGNISE?
The phenomenon of hate speech has increased exponentially over the years.
Although there is still no specific regulation on the subject, hate speech can integrate several crimes in Italy.
Pending a specific regulation, on which the EU is working, the phenomenon of hate speech, when it offends the reputation and honour of a person, constitutes the criminal offence of defamation, punishable in Italy by Article 595 of the Criminal Code with imprisonment of up to one year or a fine of up to 1,032 euro.
If the defamation relates to a specific fact, a specific aggravating circumstance applies, which carries a penalty of imprisonment of up to two years.
But beware, if the offence is carried out by means of the press or any other means of publicity, such as websites or social media, then the penalty is imprisonment of six months to three years.
More serious than simple online hatred is the offence of threatening, punishable under Article 612 of the criminal code by a fine of up to 1,032 euro. If the threat is aggravated, the penalty is more severe, with imprisonment of up to one year. This also applies if the threat is made through any digital channel.
On the other hand, oppressive and continuous behaviour such as telephone calls, text messages, e-mails, comments on social networks or letters can be brought under the offence of stalking, punishable under Italian law in Article 612 bis of the Criminal Code, with penalties ranging from six months to five years imprisonment.
Finally, conduct such as simple harassment is still punishable under Article 660 of the Criminal Code, with imprisonment of up to six months or a fine of up to EUR 516.
Conclusions
Although the web is a tool for knowledge and debate, it can very easily turn into a trap of dangers if not used responsibly.
Freedom of manifestation of thought is in fact not equivalent to freedom of denigration, although sometimes the line between the two is thin.
It must be borne in mind that virtual reality is also an actual dimension and, as such, it is possible to incur criminal liability. Each action can generate legal consequences and affect the personal and private life of others.
How can one contribute to reducing this phenomenon? It is essential to educate and raise awareness of respect, dignity, diversity and constructive dialogue based on a culture of universal values.
Hate speech can only be fought with consciousness.
article written by Elena Stracquadaini
(student Law Department of Catania)
