though came up in a meeting hosted by the Berkman Center for Internet & Society at
Harvard University and the Institute for Strategic Dialogue.122 Not only does it teach
the youth how to approach content they find online, but media training can also give
the necessary tools to people who want to make a change.
Regulation
Regulating Hate Speech Versus Freedom of Speech
One option that is regularly discussed by scholars, particularly Waldron, is the
implementation of laws that regulate hate speech. A particular form of hate speech
that is currently recognised as a serious crime under international law is incitement to
genocide. This crime saw Julius Streicher, editor of the anti-Semitic newspaper Der
Stürmer, tried and executed during the Nuremberg Tribunal and has been one of the
key charges against defendants of the Rwandan Genocide, which saw almost a million
Tutsis killed.123 Defining speech as ‘incitement to genocide’, however, can be a
complex process, and great care is needed. It is particularly difficult to do across
different culture where one mode of speech may be perceived as directly encouraging
aggressive action in one culture, but not in the other. The reason it is important to
reflect on what incitement to genocide is when discussing hate speech, is precisely
because of this fine line between the two. Arguably, this could make a case for the
legal regulation of hate speech, but as Foxman and Wolf believe, legal restrictions are
the least effective way to deal with the problem.124
Discussing the prohibition of incitement to hatred, Kyung-wha Kang, Deputy High
Commissioner for Human Rights, describes how ‘the fine line between freedom of
122
Berkman Center for Internet & Society at Harvard University and the Institute for Strategic
Dialogue, (2015) ‘Working Meeting on Youth-Oriented Online Hate Speech: Summary’, avialble at:
http://blogs.law.harvard.edu/youthandmediaalpha/files/2015/06/HS_WorkingMeeting_Report__Final_15-04-21-EM.pdf [November 2015].
123
More information on both these cases can be found here: United States Holocaust Memorial
Museum, ‘Incitement to Genocide in International Law’, available at:
http://www.ushmm.org/wlc/en/article.php?ModuleId=10007839 [October 2015].
124
Foxman and Wolf, (2013) p.60.
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