16 UNITED NATIONS STRATEGY AND PLAN OF ACTION ON HATE SPEECH: DETAILED GUIDANCE | SEPTEMBER 2020
TABLE 1. LEGAL RESTRICTIONS AND NON-LEGAL MEASURES
Table 1 distinguishes the circumstances in which legal prohibitions and restrictions are required, possible
or unacceptable under international law. It also provides examples of non-legal measures which may be
taken in response to any kind of hate speech.
Hate speech
Responses possible under international law
Legal
restrictions Other responses
TOP LEVEL
Direct and public
incitement to
genocide
Advocacy of
hatred that
constitutes
incitement to
discrimination,
hostility or
violence
Legal
prohibitions
are required
Sanctions
• Criminal
(if six-part
test is
fullled)
• Civil
• Administrative
The promotion of an enabling environment for the exercise of freedom of
expression, and of the right to equality and non-discrimination, through:
• Anti-discrimination legislation that
is in compliance with international
human rights norms and
standards, and its implementation
• Decriminalization of
blasphemy and defamation
• Accountability (i.e. the absence
of impunity) for attacks on
journalists, human rights
defenders, including women’s
human rights defenders,
activists, civil society actors,
and others exercising their
freedom of expression
• Access to information
• Protection of civic space
• Political and religious leaders,
scholars, and other public
gures avoiding statements
promoting discrimination and
promptly speaking out against
hate speech, including hate
speech targeted at their political
opponents, while making it
clear that violence cannot be
justied by prior provocation and
avoiding statements promoting
discrimination or intolerance
The adoption of public policy measures to promote diversity, including:
The promotion of stakeholders’ initiatives, including:
INTERMEDIATE
LEVEL
Threats of
violence
Harassment
motivated
by bias
Legal
restrictions
may be
imposed if
they meet
strict criteria
of legality,
legitimacy,
necessity and
proportionality
BOTTOM
LEVEL
Offensive
speech*
Blasphemous
speech*
Denial of
historical
events (e.g. of
genocide)*
Disinformation,
misinformation
and malinforma-
tion*
No legal
restrictions
* Such speech is protected expression and should only be considered as hate speech when used as a vehicle for hatred against individuals
or groups based upon protected characteristics.
• A public policy framework for
media pluralism and diversity
• Curriculum reform to promote
the positive value of diversity in
order to ensure understanding
of a broad plurality of peoples
and groups, public education
and information campaigns to
combat negative stereotypes,
and education initiatives to
complement anti-bullying
policies, promote social cohesion,
and celebrate diversity
• Training on freedom of expression
and the right to equality and
non-discrimination for public
ocials, politicians, teachers,
members of the armed forces,
the police and the judiciary, legal
and medical professionals, the
representatives of minorities,
community leaders, and religious
and faith leaders and actors
• Training of journalists and
media professionals on freedom
of expression and the right to
equality and non-discrimination
• Ocial recognition of past
atrocities (such as memorials,
dedication of public sites, and
development of relevant education
and research programmes)
• •Foster individuals’ critical
thinking, social and emotional
skills and responsible
engagement in order to make
them less vulnerable to incitement
(including through tools such as
global citizenship education and
media and information literacy)
• Civil society initiatives (e.g.
human rights education, peer-
to-peer learning, monitoring and
reporting of hate speech, and
storytelling by victims/targets)
• Alliances formed between
State and inuential actors
(such as religious leaders,
faith actors and artists)
• Promotion of an independent and
pluralistic media (with diversity
of content and workforces)
• Internet intermediaries’ initiatives
on addressing hate speech (as
long as they are transparent and
in accordance with international
human rights standards)
• Initiatives to promote
intergroup dialogue and
intergroup understanding
• Supporting children, educators
and the school system broadly to
promote the value of diversity