| Abstract [eng] |
The Master's thesis analyses the issues of hate speech, its legal regulation and relationship with the freedom of expression, also the implementation of criminal liability for such acts. The aim of this thesis is to investigate the current issues of the qualification of hate speech and the application of criminal liability for it, in an attempt to define the boundary between the freedom of expression and incitement to hatred. Accordingly, the object of the work is the scope and specificity of criminalisation of hate speech in national and supranational law. The analysis has shown that hate speech has been given considerable attention in international and EU law, but currently there is no single definition of hate speech. The Lithuanian legislator has currently chosen to consolidate only single criminal liability for hate speech in Articles 170 and 170(2) of the Criminal Law. However, there are still aspects that need to be improved, both in terms of the need to criminalise not only those motives directly provided in the Criminal Code, but also any other motives of incitement to hatred or violence, and in terms of the need to properly harmonise the wording of the articles in line with the requirements of EU law. The thesis also provides a detailed criminological perspective on the cases of hate speech that have come to the attention of law enforcement in recent years, their dynamics and specifics, as well as the trends and issues of criminal liability for such acts. Considerable attention is also paid to the issues of the distinction between hate speech and the legitimate exercise of freedom of expression, in the context of both national and highly influential international law. Finally, in order to gain a deeper insight into the issues raised in the work, the specifics of the use of special knowledge in hate speech cases, which have not yet been examined in Lithuanian doctrine, are analysed, as well as the possibility of applying alternative measures, such as administrative liability or mediation, to the certain cases of incitement to hate speech, instead of criminal liability. |
