Hate speech and incitement to hatred against minorities in the media 2015, para. 106
Paragraph
Paragraph text
Legislation must fully respect the right to freedom of speech and expression and avoid any arbitrary or abusive interpretation of anti-hate speech laws. States should establish proportionate thresholds for the assessment of forms of expression which may amount to incitement to hatred, including careful consideration, on a case-by-case basis, of the context, speaker, intent, content, extent or magnitude and likelihood or probability of harm occurring. Legislation prohibiting incitement to hatred should provide effective and adequate remedies to victims, including civil remedies for damages, and guarantee the right of correction and reply.