Pioneering legal advances: the European Convention on Human Rights’ latest efforts against online hate

Abstract

This article examines the most recent criteria and determinations in the jurisprudence of the European Court of Human Rights (ECtHR) regarding the interpretation of the European Convention on Human Rights (ECHR) for the effective prevention and prosecution of online hate speech by national authorities. In a digital landscape marked by the rise of expressions that foster intolerance, the ECtHR has reinforced its position on the balance between freedom of expression (Article 10 ECHR) and the effective protection of the right to respect for private and family life (Article 8 ECHR). This analysis delves into several cases before the Court that establish precize standards on the prevention and sanction of online hate speech. Furthermore, it highlights a new line of jurisprudence under development concerning the complexities and difficulties related to online hate speech in implementing the ECtHR’s resolutions. The article concludes by emphasizing the relevance of these interpretations for strengthening the fight against online hate speech, underlining the central role of the ECtHR as a guarantor of the principles of the ECHR in a constantly evolving digital environment.