The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a ...The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a democratic society, does not include the pro tection of racist speech. The justification for regulating racist speech lies in the impact of racial ly-charged speech, not in the content of the speech itself. The regulation of racist speech should take into consideration thecriteriaofsubjectivemalignancy,necessityandproportionality.Due to their social status and special role in a democratic society, the media and political figures should bear a more stringent duty of care because of the harm and consequences of their racist remarks, which are far greater than those of other groups. During the pandemic, legal regula tion is required regarding remarks of politicians and the media that imply discrimination linked to CoVID-19.展开更多
基金a significant progress of Research on Developing a Fairer and More Equitable Global Governance System (Project Approval No. 20AZD104)key program of National Social Science Foundation of China+1 种基金major program of National Social Science Found of ChinaResearch on International Law of Major Public Health Emergencies (Project Approval No. 20&ZD201)。
文摘The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a democratic society, does not include the pro tection of racist speech. The justification for regulating racist speech lies in the impact of racial ly-charged speech, not in the content of the speech itself. The regulation of racist speech should take into consideration thecriteriaofsubjectivemalignancy,necessityandproportionality.Due to their social status and special role in a democratic society, the media and political figures should bear a more stringent duty of care because of the harm and consequences of their racist remarks, which are far greater than those of other groups. During the pandemic, legal regula tion is required regarding remarks of politicians and the media that imply discrimination linked to CoVID-19.
