The concept of hate speech is closely connected with the concept of discrimination (link) and hate crimes (link). Thought one can think hate speech doesn’t bring much harm, it is not true, because hate speech is directed against whole group of people like hate crimes. Hate speech is all kinds of statements which spread, inflame, support or justify racial hatred, xenophobia, antisemitism, and other forms of hatred (for example homophobia) caused by intolerance. Hate speech can be public or private.
Public hate speech includes claims, statements, interviews, appeals, etc. of public persons (public officials, authorities employees, politicians, well-known experts). Hate speech included in legal acts and provisions, stated or retranslated in media, included in advertisements is also public. Private hate speech is – usage of constructs based on discriminatory attitude to certain groups in private communication.
Hate speech could be criminalized or non-criminalized. Criminalized hate speech has to include crime, responsibility for which has to be foreseen by the law. Moreover, criminalized hate speech has to include act (menace, incitement, slander, denial (of Holocaust for example), propaganda of domination of certain group, etc.), which is the main element of the crime. Ukrainian legislation does not recognize concept of hate speech, but partly responsibility for it is set by the Criminal Code of Ukraine (art. 161, pt. 1).
The SAC periodically monitors hate speech as well as conducts enlightening and educational activities on the issue.