At its plenary session in Strasbourg on Thursday 18 January, the European Parliament approved by 397 votes to 121, with 26 abstentions, a report urging the Council of the European Union to adopt a decision to include hate speech and hate crimes as criminal offences under Article 83(1) of the Treaty on the Functioning of the European Union (TFEU).
The European Commission initiated this process on 9 December 2021 with its communication entitled ‘A more inclusive and protective Europe’ (see EUROPE 12350/16).
However, despite a proposal from the French Presidency of the Council in March 2022, the initiative met with opposition from several Member States, requiring unanimity among the EU27 to be adopted.
The text, put forward by Maite Pagazaurtundúa MEP (Renew Europe, Spanish), aims to ensure universal protection, with a particular focus on vulnerable people and groups. At present, the treatment of hate speech and hate crime varies considerably between Member States, and EU rules only apply to specific criteria such as race and religion.
In the face of the rise in hatred in Europe and the persistent deadlock in the Council, MEPs are calling for the activation of ‘passerelle’ clauses to overcome the unanimity constraint.
The Parliament also advocates an “open” approach to combating discrimination, not limiting itself to a closed list of grounds, in order to adapt to constantly changing social dynamics. It stresses the importance of freedom of expression while warning against the misuse of the internet and social media platforms to spread hatred.
MEPs are insisting on the importance of protecting minors, particularly in cases of bullying and cyberbullying.
The Parliament is calling for a robust framework for victims, incorporating an intersectional approach, training for professionals, secure access to justice and specialist support, with the aim of increasing the reporting of incidents.
Read the text: https://aeur.eu/f/ag7 (Original version in French by Nithya Paquiry)