{"title":"A thumb on the scale: measures short of a prohibition to combat hate speech","authors":"J. Rowbottom","doi":"10.1080/17577632.2022.2088074","DOIUrl":null,"url":null,"abstract":"ABSTRACT While debates on hate speech often focus on the case for banning certain types of expression, this article will focus on less restrictive alternatives. The article will consider the denial of a benefit normally granted to speakers, media regulations and government sponsored speech to counter messages of hate. Such measures, it is argued, are more proportionate than an outright ban and do not exclude any particular viewpoints from political debate. However, such measures also depart from expectations of even-handedness from public bodies in relation to political viewpoints. With these factors in mind, the discussion explores the potential for some types of speech to occupy a grey area, in which messages of hate or extremism do not meet the threshold for prohibition but are still subject to viewpoint-based treatment that would not normally be compatible with freedom of expression.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Media Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17577632.2022.2088074","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
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Abstract
ABSTRACT While debates on hate speech often focus on the case for banning certain types of expression, this article will focus on less restrictive alternatives. The article will consider the denial of a benefit normally granted to speakers, media regulations and government sponsored speech to counter messages of hate. Such measures, it is argued, are more proportionate than an outright ban and do not exclude any particular viewpoints from political debate. However, such measures also depart from expectations of even-handedness from public bodies in relation to political viewpoints. With these factors in mind, the discussion explores the potential for some types of speech to occupy a grey area, in which messages of hate or extremism do not meet the threshold for prohibition but are still subject to viewpoint-based treatment that would not normally be compatible with freedom of expression.
期刊介绍：
The only platform for focused, rigorous analysis of global developments in media law, this peer-reviewed journal, launched in Summer 2009, is: essential for teaching and research, essential for practice, essential for policy-making. It turns the spotlight on all those aspects of law which impinge on and shape modern media practices - from regulation and ownership, to libel law and constitutional aspects of broadcasting such as free speech and privacy, obscenity laws, copyright, piracy, and other aspects of IT law. The result is the first journal to take a serious view of law through the lens. The first issues feature articles on a wide range of topics such as: Developments in Defamation · Balancing Freedom of Expression and Privacy in the European Court of Human Rights · The Future of Public Television · Cameras in the Courtroom - Media Access to Classified Documents · Advertising Revenue v Editorial Independence · Gordon Ramsay: Obscenity Regulation Pioneer?
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