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The Role of Local Governments in the Regulation of Hate Speech: Focusing on the Jeju Special Self-Governing Province Ordinance on Prevention of Hate Speech and Support for Its Victims

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2022, 5(1), pp.133-177
  • DOI : 10.22976/JHRS.2022.5.1.133
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : May 1, 2022
  • Accepted : June 20, 2022
  • Published : June 30, 2022

Cho, Baek-ki 1,  Shin Kanghyob 2,  Kwon Oh Sang 3

1소속없음
2제주평화인권연구소왓
3제주장애인자립생활센터

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ABSTRACT

Hate speech promotes and incites disparagement, contempt, threat, discrimination, and violence against an individual or group on the grounds of gender, disability, religion, age, region of origin, race, sexual orientation, etc. These hate speeches are gradually increasing in daily life and online(SNS etc), at the Korea and around the world. In addition, hate speech is not only expressing a negative opinion of an individual, but also spreading prejudice against a specific group throughout society and further leading to commit hate crimes. The international community is trying to regulate hate speech. Regulations on hate speech differ slightly depending on region and country for reasons such as historical background, but social consensus on the harmful effects of hate speech is gradually expanding. On the other hand, according to the National Human Rights Commission of Korea's survey on hate speech(2019), 6 out of 10 people have experienced hate speech, and the majority(77.8%) of them say that the problem of the hate speech is difficult to resolve naturally. If hate speech is basically a matter of ‘discrimination’, it is very important to ban discrimination throughout society and create an environment in which equality is realized. Accordingly, the state and its law must take active measures in relation to the hate speech. Therefore, all domestic laws including local ordinances, should accept equality before the law, equal protection of the law, and the prohibition of discrimination required by International Code of Human Rights. All laws and policies that institutionalize discrimination and exclusion should be abolished, and anti-discrimination laws should be enacted or strengthened. Jeju Special Self-Governing Province, which is responsible for guaranteeing the basical human rights of residents, should prevent hate speech due to gender, disability, religion, age, region of origin, race, sexual orientation etc, including historical denial on the April 3rd incident. In addition, it is necessary to actively respond to the support and protection of the victims. Therefore, it is required to prepare legislative measures at the local government level. The enactment of the ordinance to prevent hate speech and support its victims at the Jeju is the first step to define the definition of hate speech in the region and come up with specific countermeasures such as measures to prevent damage caused by the hate speech. Through this, it will be able to contribute to realizing the “island of peace and human rights, Jeju,” where all Jeju residents can be respected for their dignity and values as humans.

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