Znieważenie jako element języka nienawiści. Kilka uwag o potrzebie redefinicji pojęcia „mowy nienawiści” na gruncie obowiązujących polskich regulacji prawnych
Insult as an Element of Hate Speech: A Few Remarks on the Need to Redefine the Concept of "Hate Speech" under Current Polish Legal Regulations

Summary/Abstract: Hate speech, especially when disseminated online, is one of the most perennial problems in contemporary societies. In public discourse, it is commonly defined as any form of discriminatory statement or opinion that propagates hatred against specific groups, which, to name a few factors, can be distinguished by their place of origin, skin colour, nationality, or sexual orientation. However, as this research demonstrates, there is no consistent legal definition of hate speech, even though some attempts at forming one have been made in the literature on the subject. The overlap of of­fences regulated in article 257 with the ones specified in article 216 of the Polish Penal Code re­quires reconsideration of the definition of hate speech in the context of the criminal law. This article considers the definition of hate speech based on selected judicature of the Polish common courts and the Supreme Court of the Republic of Poland. It concludes that hate speech should be (re)defined to provide effective legal and institutional instruments to prevent and combat such crimes.

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