Standards of confronting incitement
motivated by hate speech

Opinions vary regarding the nature of the legal confrontation with the various forms of incitement, whether it is incitement to violence, hostility and hatred, or racial discrimination. There is a necessity to adopt different forms of legal actions according to the type of incitement. In all cases, international jurisprudence settled on the need for criminal punishment as a last tool The state should resort to against incitement.

Confronting incitement should be limited to hostility and hatred, and incitement to racial discrimination that does not result in violence, on the civil path that gives the victim of incitement the right to obtain appropriate civil compensation to redress the harm caused by this incitement.

Also, the law must guarantee the right to complain to victims of incitement to hatred or discrimination, by also creating a body within the judicial system to receive their complaints, the law must also guarantee the victims right to respond to what was attributed to them in incitement letters, as well as the right to correct them If the act of incitement is committed through media or press.

 

Confronting incitement by administrative means

The legal confrontation of incitement to hatred should be restricted to limited contexts on administrative methods, if the incitement acts were committed on indirectly while the public or the private employee executing his/her duties, without the need to resort to criminal methods as long as the incitement act did not result in any form of violence, for example, the members of the Council Representatives or workers in the field of media, the press and other jobs that allow their occupants to deal with large amount of audiences, in this case, the administrative penalty must be used instead of criminal punishment.

 

Confronting incitement by the criminal law means

Criminal methods should be limited to facing incitement to violence only, because of the serious consequences of criminal actions and methods of depriving freedoms and financial penalties, in addition to the fact that criminal methods are more consistent than the consequences of inciting violence, such as killing, wounding, or physical abuse. Which considered as capital crimes, according to any punitive law.