Freedom of speech and “hate speech”

Unravelling the jurisprudence of the European Court of Human Rights

Abstract

Freedom of speech is a fundamental human right, and has been labelled as such since the beginnings of the “human rights” era. However, there is an increasing belief that some speech, loosely known as “hate speech”, is unworthy of protection. This article outlines the principles of free speech as enshrined in the European Convention on Human Rights and demonstrates how the new restriction on so-called “hate speech”, particularly in regard to issues of sexual morality, is having an erosive effect on freedom of speech.