Tackling online hate speech from a European perspective: Potentials and challenges of inter-legality

Abstract

The contribution delves into some main implications of the current soft and hard legal framework related to the Internet governance for tackling online hate speech, from the perspective of legal and social actors based in the European Union (EU). Given the dynamic constellation characterised by centripetal trends towards UN-fostered international governance, Council of Europe and EU soft and hard legal instruments, co-existing with centrifugal forces of national legislations, the article explores areas where inter-legality may be fruitfully engaged to contribute tackling online hate speech in today’s fast changing and complex legal scenario. Hence, due to the lack of a universally recognised definition of hate speech and a global regulation of online communication, inter-legality may be operationalised in still unexplored places – that is, not only by judges but by lawmakers, independent authorities on communication, and even platforms.