ГРАЂАНСКОПРАВНИ ИНСТРУМЕНТИ ЗА СУЗБИЈАЊЕ ГОВОРА МРЖЊЕ КОЈИ СЕ ШИРИ ПОСРЕДСТВОМ МЕДИЈА - супстанцијални и процесни аспект -
Civil law Instruments for Counteracting Hate Speech disseminated by Media: the substantive and the procedural aspects

Summary/Abstract: Disseminating information and expressing opinions that encourage discrimination, hatred and violence against individuals or groups on the grounds of their distinctive features or affiliation endangers the safety of every democratic, open and pluralistic society. Media play an important role in counteracting hate speech; generally, media activities contribute to developing a culture of understanding and tolerance between different national, ethnic, religious, cultural and other social groups. However, they are also channels for propagating, disseminating and inciting hate speech, which is particularly dangerous considering the fact that the media influence on the general public opinion is much more substantial than the impact of any other form of expression. Apart from incriminating and sanctioning hate speech in criminal law, experience has proved it necessary to institute efficient protection instruments for combating hate speech in civil law. In this paper, the author critically analyses and compares the civil protection instruments contained in the civil law of the Republic of Serbia, which legal subjects may invoke for the purpose of preventing and counteracting hate speech in the media. The author examines both the substantive and the procedural aspects of civil law protection contained in the Public Information Act, as well as different protection instruments prescribed in the Anti-discrimination Act which are aimed at preventing and mitigating the consequences of hate speech. The author also provides an overview of some legal solutions applied in the proceeding for the protection of citizens’ collective rights and interests; these rules may be used as subsidiary instruments in hate speech lawsuits which have been initiated on the grounds of class action complaints.

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