| Abstract [eng] |
SUMMARY Criminal Liability for expressing an inciting opinion in a personal account on a social network Monika Ubavičiūtė This master provides analysis of the composition of inciting opinion expressed in a personal account on a social media, examining the relevant legislation and case law interpretations, as well as other relevant literature on the topic. It has been noted that the offence itself is characterized by very high degree of latency, and therefore, in parallel to the analysis of the composition of hate speech, the causes of latency are also examined. One of these reasons is the tendency of pre-trial investigator officers themselves not to consider hateful commentary as a dangerous enough offence to warrant criminal prosecution. For this reason, the paper also assesses the need to introduce administrative liability for the expression of inciting opinion. The analysis of this master’s thesis reveals certain problematic aspects of the composition of the offence: the excessive use of independent motives; the need to include nationality and gender identity in the list of features to be protected; the possibility of applying the publicity feature when the inciting opinion is disseminated in a closed (private) group of social media. The regulation laid down in Article 1702 in paragraph 1 of the CC is also called into question. The possibility of Criminal Liability for persons who increase the reach of inciting opinions, and the role of social media service provider are assessed. The thesis criticizes certain criteria developed in the case law for assessing the seriousness of the act, such as systematicity and real threat. The paper argues that the criterion of real threat should not be assessed as the occurrence of real consequences, but as the reactions of provoked society to the inciting opinion. In addition, the master additionally analyses the monitoring carried out on social networks by the Journalist Ethics Inspector and the police virtual patrol. The (in)effectiveness of the entities in crime prevention is revealed. |
