Victim of hate speech on social media: what to do?
Making comments inciting hatred is punishable, in "real life", as well as on social networks. What to do if you are a victim of it or observe it? Let's take a look.
"Cyberhate can be defined as the online use of any form of expression that propagates, incites, justifies or promotes hatred, violence or discrimination against a person or group. This is based on certain identity factors, such as skin colour, origin, sexual orientation or religious affiliation. The digital context promotes this hatred through anonymity, disinhibition, and the ease of global dissemination, which amplifies its psychological and social impact on the victims ," says Unia, an independent public institution fighting against discrimination.
Hate speech online includes racist, xenophobic, sexist or homophobic speech, as well as speech targeting Muslims, Jews or other religious groups.
In 2022, the Antwerp Court of Appeal upheld the conviction of a far-right activist who had disseminated racist and anti-Semitic videos and memes (hijacked images) on social networks. This was the first conviction for hate memes in Belgium. The activist received a 6-month suspended prison sentence, a fine of 320 euros and a visit to the Dossin barracks.
While freedom of expression is one of the most fundamental human rights, some speech is punishable when legal boundaries are crossed. This is called a misdemeanor.
What are the punishable comments in Belgium?
- "Inciting (encourage, exhorting) in public discrimination, segregation, hatred or violence against persons or groups on the basis of one or more protected characteristics (e.g. skin colour, age, disability, etc.)
- To disseminate in public ideas based on racial superiority or racial hatred.
- Belonging to... or collaborating with a group or association that repeatedly advocates discrimination or segregation in public.
- Denying, endorsing, grossly minimizing, or seeking to justify the Holocaust or other recognized genocides. »
On social networks, these speeches are unfortunately not uncommon...
How to react to online hate speech?
- Report the message on the social network. Based on the reports, the networks can temporarily or permanently block a profile:
- You can also ask the page administrator to delete the message. He will be able to hide the comment, or even block the user.
- You can also report the message to Unia or VMRI (for Flemish materials).
- If you disagree with a decision made by a social network, you can also use an alternative dispute resolution (ADR) procedure.
- However, discussion is still possible in the face of insulting remarks: express your disapproval, without going into insults, refer to reliable sources. However, some messages are sent to provoke. Beware: the more content is commented on and shared, the more it will be picked up by the algorithms and therefore highlighted. It is therefore better to express yourself in a private message...
File a complaint
If the hate messages seem particularly serious to you or if you are the victim, keep as much evidence as possible and file a complaint with the Local Police. You can also report them to Unia. Thanks to their status as trusted flaggers (only in French, Dutch or German), social media platforms are obliged to treat their reports as a priority.
What penalties?
For incitement to hatred, discrimination or violence, the penalties range from one month to 1 year in prison and can be accompanied by a fine ranging from 50 to 1,000 euros (multiplied by the additional decimes).
For denying, minimizing or justifying genocide, the penalties range from 8 days to 1 year and can be accompanied by a fine ranging from 26 to 5,000 euros (multiplied by the additional decimes).
The penalties may be doubled if the perpetrator is a civil servant or a public official, the offence is committed with premeditation and the motivation is based on several discriminatory criteria.
As far as social networks are concerned, messages are considered public and their viral dissemination can therefore constitute an aggravating circumstance. In addition, shares and likes can also incur liabilities.
Additional penalties are possible: prohibition of civil and political rights, publication of the judgment or confiscation of the computer equipment used.