Hate speech regulation: Comparative analysis in global south countries

Abstract

This study aims to present a comparative panorama of the treatment of hate speech in different countries of the Global South. The studies of comparative law, in general, analyze the theme in the United States and European countries. There is a gap in the research of the subject in the countries analyzed, which have similar historical, political, social, cultural, and economic characteristics, with emphasis on the high inequality. For this, we selected five countries that have similarities between themselves and with Brazil. They are South Africa, Argentina, Colombia, India, and Mexico. In each of them, we present a brief contextualization, the legal model adopted, the jurisprudence, and a critical analysis of the treatment of the theme in the country. In the end, we reflect on the challenges of facing hate speech through the jurisdictional way in highly unequal countries, and we point out possible ways to address the issue. For this analysis, we will start from a heterogeneous operational concept of hate speech, capable of covering different types of expressions of intolerance. The study follows a comparative law methodology, focusing on the classificatory and contextualist approaches, and taking into account the functionalist approach.