Regulating Hate Speech－An Analysis of Online Misogyny in Taiwan
| Autor: | CHEN, WEI-CHIH, 陳威志 |
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| Rok vydání: | 2018 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 The spread of information in today’s internet era is faster than ever before, but the anonymity of online interactions is oftentimes misused to cause harm to others. While the previous discussion on the regulation of hateful expression focuses largely on those based on race and religion, misogyny speech is also a growing phenomenon today. The misogyny speech can be put into the category of discrimination speech, and sometimes amounts to hate speech which becomes a threat to the society. This thesis argues that misogyny speech can only be criminally punished when it amounts to be hate speech. After reviewing relevant literatures regarding political philosophy freedom of expression in Chapter 1, this thesis finds that most of the scholarship concludes that only those speeches violating the Harm Principle, i.e. inciting crimes or hatred, should be regulated. The thesis nevertheless agrees with the feminist scholarship that the seemingly neutral language we use in daily lives reflects and reinforces the underlying power relations in society. By adopting J.L. Austin's Speech Act Theory, Chapter 3 provides an analysis of the misogyny speech in PTT (批踢踢實業坊), the most popular online forum in Taiwan. The analysis shows how the internet magnifies the harm done to women, including threats to physical security and self-silencing effect in online discussions. While such a spiral of silence could undermine the existence of a public sphere where genuine discussion can take place, which should be essential to any democratic society, we might have to reconsider the criteria used to contemplate what constitutes harms caused by such hate speech in order to achieve substantive equality among men and women. Finally, by comparing the jurisprudence of the United States, Canada and the European Court of Human Rights, this thesis analyzes these distinctive models of speech regulations in Chapter 4. Although in some of the countries gender has yet to be explicitly included as one of the prohibited grounds of hateful expressions, the comparative study still offers valuable insights for the legal framework of gender hate speech regulation in Taiwan. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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