CRIMINAL LIABILITY FOR HATE SPEECH
Keywords:Hate, Hate speech, Criminal liability
This article aims to examine the criminal liability of hateful expressions. It has been found that international organizations and countries have recognized that expressing hate is a threat to society. It is because it leads to violence and division of society. Discrimination against individuals or creating hatred based on identity is prohibited on the basis of race, nationality, ethnicity, religious beliefs, gender or sexual orientation including stipulating that such acts are a criminal offense while Thailand does not have a specific law that governs hateful expressions. Only the offenses of defamation and contempt under the Criminal Code are the closest. Butboth of these offenses still have gaps that cannot be enforced and punished for acts that express hate in all cases. It is time for Thailand to develop laws to cover such hateful expressions.
BBC NEWS. (2020). Shooting in Hanau: Can Germany cope with terror threats from far-right groups?Retrieved on July 21, 2021 from: https://www.bbc.com/thai/international-51586400
Britannica, E. (2021). Ku Klux Klan hates organization, United States. Retrieved on July 22, 2021 from: https://www.britannica.com/topic/Ku-Klux-Klan
Casarosa, F. (2019/2020). THE EUROPEAN regulatory approach toward hate speech online: the balance between efficient and effective protection. Gonz. L. Rev., 55, 391-400.
Chankhuang, K. (2003). National Housing Policy and Singapore Development (1960-2000). Bangkok: Thammasat University. (In Thai)
Corlett,J. and Francescotti, R. (2002).foundations of a theory of hate speech. Wayne L. Rev., 48, 1071-1100.
Fisch, W. (2002).Hate Speech in the Constitutional Law of the United States.Am. J. Comp. L., 50, 463-492.
Glaun,D. (2021).Germany’s Laws on Hate Speech, Nazi Propaganda &Holocaust
Denial: An Explainer. Retrieved onJuly 17, 2021from: https://www.pbs.org/wgbh/frontline/article/germanys-laws-antisemitic-hate-speech-nazi-propaganda-holocaust-denial/
Jin,B. (2021). Biden signed a new hate crimes law-but there's a big flaw. Retrieved on July 20, 2021 from: https://www.politico.com/interactives/2021/state-hate-crime-laws/
Kasemsan,K. (2018). Explanation of the Criminal Code, Sections 288 to 366/4.(11th ed). Bangkok: Office of Legal Education Training of the Thai bar association. (In Thai)
Ndahiro, K. (2019). In Rwanda, we know all about dehumanizing language years of cultivated hatred led to death on a horrifying scale. Retrieved on July 22, 2021 from: https://www.theatlantic.com/ideas/archive/2019/04/ rwanda-shows-how-hateful-speech-leads-violence/587041/
Nithipraphawat, K. (2013). Criminal Determination: A case study of hatespeech. Master of Law thesis Criminal Law, Faculty of Law Thammasat University. (In Thai)
Rananan, P. (2012). New media and political activism.Chiang Mai: Supanit Printing. (In Thai)
Rathamarit, U.,Suriya, N. and Singhaneti, B. (2001). Claiming human dignity or exercising rights and liberties of persons under Section 28 of the Constitution of the Kingdom of Thailand, B.E. 2540.Bangkok: Conrad Adenauer Foundation Limited Partnership many publications. (In Thai)
Singhaneti, B. (2012).Fundamentals of rights, liberties and human dignity. (4th ed). Bangkok:Winyuchon. (In Thai)
Stefancic, J. andDelgado R. (1993).A shifting balance: freedom of expression and hate-speech restriction. Iowa L., 78, 737-750.
Stephanie, J. (2019).HASHTAG HATE: THE NEED FOR REGULATINGMALIGNANT RHETORIC ONLINE. Vt. L. Rev., 44, 129-162.
Tek Keng, K. (2020). “Killing is not a sin”: Kittiwutto is not the first.Retrieved on July 22, 2021 from: https://www.matichonweekly.com/column/article_361135 (In Thai)
Ungprasert, P. (2021). Know the draft law against hate crimes. New US Efforts to End Hate Crimes on Asians.Retrieved on July 20, 2021 from: https://thestandard.co/usa-draft-law-effort-against-hate-crimes/ (In Thai)
Uttakham, A. (2015). The scope of freedom of expression : a study of hate speech or actions in accordance with the rulings of the European Court of Human Rights and the United States Court.Master of Law thesis Public Law, Faculty of Law Thammasat University. (In Thai)
Each publish articles were copyright by Phranakorn Rajabhat University
Any contents which appeared in each articles in the journal were authors personal opinion. It did not relate to Phranakorn Rajabhat University and other instructors in the university. Each authors would take responsibility on their articles. If there are any mistake, the authors will take responsibility themselves