This article analyzes the phenomenon of hate speech on social media and the issues surrounding the establishment of criminal liability for it. Drawing on Article 156 of the Criminal Code of the Republic of Uzbekistan, international legal standards, the European Union's Digital Services Act, and comparative legal practice, the authors examine the boundaries of criminalizing hate speech. The article identifies the main problems in establishing criminal liability — definitional ambiguity, jurisdictional issues, and balancing with freedom of speech — and proposes solutions to them.
Criminal Liability for Hate Speech on Social Media: Problems and Solutions
DOI:
Keywords:
Hate speech
hate speech
social media
Abstract
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References
International documents and legal acts:
International Covenant on Civil and Political Rights, December 16, 1966, UN Treaty Series, Vol. 999, p. 171.
UN Human Rights Committee, General Comment No. 34 on Article 19 (freedoms of opinion and expression).
UN Strategy and Plan of Action on Hate Speech. United Nations, 2019.
UN Office on Genocide Prevention. Rabat Plan of Action on the Prohibition of Advocacy of National, Racial or Religious Hatred. Geneva, 2012.
UN Independent International Fact-Finding Mission on Myanmar.
Convention on the Prevention and Punishment of the Crime of Genocide, December 9, 1948.
Council Framework Decision 2008/913/JHA on Combating Certain Forms and Expressions of Racism and Xenophobia. Official Journal of the European Union, 2008.
Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market for Digital Services (Digital Services Act — DSA), October 19, 2022.
European Commission and European Board for Digital Services. Revised Code of Conduct on Countering Illegal Hate Speech Online, January 20, 2025.
Court decisions and precedents:
ECtHR, Sanchez v. France, Application No. 45581/15, Grand Chamber Judgment, May 15, 2023.
ECtHR, Delfi AS v. Estonia, Application No. 64569/09, Grand Chamber Judgment, June 16, 2015.
ECtHR, Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary, Application No. 22947/13, February 2, 2016.
Inter-American Court of Human Rights, Kimel v. Argentina, Judgment of May 2, 2008, Series C No. 177.
International Criminal Tribunal for Rwanda, Prosecutor v. Nahimana, Barayagwiza and Ngeze (Media Case), Case No. ICTR-99-52-T, December 3, 2003.
Legislative sources of the Republic of Uzbekistan:
Criminal Code of the Republic of Uzbekistan, September 22, 1994. Latest revision: 2026. Lex.uz
Constitution of the Republic of Uzbekistan, 1992 (as amended in 2023).
Law of the Republic of Uzbekistan on Amendments and Additions to the Criminal Code and the Code on Administrative Liability, No. O'RQ-874, October 31, 2023.
Law of the Republic of Uzbekistan on Amendments and Additions to the Criminal Code, the Criminal Procedure Code, and the Code on Administrative Liability, No. O'RQ-899, January 19, 2024.