| Popis: |
The article discusses criminal law aspects of hate speech in the context of standards of protection of freedom of speech on the example of the Republic of Poland. The aim of the article is to indicate the need for amendments in Polish criminal law in the field of hate speech in order to adapt the whole legislation to international standards of freedom of speech. The problem of the interaction between hate speech and freedom of speech is a sensitive and politically charged topic. Therefore, it should be examined in an interdisciplinary manner. The article first presents the sociological and social background of hate speech and an attempt to arrive at a universal definition of hate speech. Next, international and national standards of freedom of speech are described. The key point of the article is an analysis of the current criminal legislation on hate speech from the perspective of the standards of speech. In order to adapt the Polish Penal Code, two amendments are proposed concerning Articles 196 and 212 of the Penal Code, which, according to the author, are necessary to ensure proper use of the right of freedom of speech guaranteed by the European Convention on Human and the Polish Constitution. |
