Publication details
Společenská škodlivost jako hranice mezi přestupkem a trestným činem ve vztahu k nenávistným projevům na internetu
| Title in English | Social harmfulness as a borderline between an admnistrative and a criminal offence in relation to hate speech on the Internet |
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| Authors | |
| Year of publication | 2019 |
| Type | Article in Proceedings |
| MU Faculty or unit | |
| Citation | |
| web | https://www.law.muni.cz/dokumenty/49715 |
| Keywords | Social Harmfulness; Section 12 subsec. 2; Criminal Code; Criminal Offence; Qualified Facts; Offence; Internet; Hate Speech; Facebook; Case-law; Racism; Xenophobia |
| Description | The aim of this paper is at first to distinguish the concept of social harmfulness as perceived by different branches of law, namely criminal law and administrative law, and to identify the most striking differences and, on the contrary, mutual connections. Subsequently, the paper deals with the importance of social harmfulness in relation to hate crimes committed via the internet. In this respect, the author aims especially to evaluate the approach and conclusions of the highest courts on the issue and generally the consistency of the case-law on internet hate speech. |