Information Note: Hate speech and incitement to hatred in the electoral context

A safe and enabling human rights environment is essential for genuine elections. This includes the enjoyment of the rights to equality and non-discrimination, freedom of peaceful assembly, and of association, and freedom of opinion and expression.

Hate speech can present a threat to the enjoyment of these rights. Where hate speech amounts to incitement to hatred, it could even lead to violence.

However, in the absence of a universally agreed definition of hate speech, ambiguous national laws on hate speech are also used to suppress dissent. At the same time, authorities often do not prosecute instances of incite- ment to hatred, including when marginalized groups are targeted.

Any restrictions on freedom of expression need to be carefully considered and must be strictly in line with international human rights law.

This note aims to provide guidance to OHCHR staff on differentiating between lawful speech, and hate speech and incitement, as well as appropriate responses thereto.