Freedom Of Speech Vs Hate Speech

What if the leader of an extreme military group, like the Islamic State in Iraq and Syria (ISIS), was giving a speech, would you tell them to watch their language? Enforcing hate speech laws are unnecessary because there are alternative laws in place to protect human rights, civilization can self-regulate around negative opinions and most importantly, it challenges the constitutional freedom of speech Canadians are promised. The surge of social media platforms encourages men and women to communicate globally and discuss their commonalities, but it can provoke hateful words when strong opinions conflict with each other. By banning hate speech, it opens the door to banning any kind of free speech, and the freedom to express one’s opinion is hindered.

Hate speech is speech which attacks an identifiable person or group on the basis of their attributes like their sex, religion, race, disability or sexual orientation. One should not be prosecuted for expressing an opinion, regardless if it is in a negative tone. In today’s digital era, hate speech is commonly found on social platforms; controversial comments often spark heated discussions and hurtful comments. In many instances, cyberbullies will purposely incite hate towards an identifiable person and/or group, cyberbullying is a type of harassment using new technology. Cyberbullies use social media, blogs, texting, and other online venues to engage in deliberate, repeated, and hostile conduct intended to harm, harass or slander someone (Canadian Bar Association, 2016). Section 264 of the criminal code states that no person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct such as repeatedly communicate with, either directly or indirectly or engaging in threatening conduct (Criminal Code, 1985). Additionally, hate speech may fall under slander and defamation if false information is posted. Section 300 of the criminal code states that everyone who publishes a defamatory libel that he or she knows is

According to the Canadian Charter of Rights and Freedoms, everyone has the freedom of thought, belief, opinion, and expression including freedom of the press and other media of communication (Canadian Charter, 1982, s 1(2)(b). However, this upholding is not absolute in Canada due to reasonable limitations. Section 1 of the Canadian Charter of Rights and Freedoms gives Canadians the right to free speech, but allows the government to subject to legal prosecution if the limits are reasonable and justifiable in a democratic society (Canadian Charter, 1982, s 1(2)(b). Today, Canada’s hate speech laws make it a criminal offence to “communicate statements in any public place which incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace” (Criminal Code, 1985). It becomes “an indictable offence and is liable to imprisonment for a term not exceeding two years” or “an offence punishable on summary conviction” (Criminal Code, 1985). If Canada strengthens their hate speech laws, the government would need to decide what hate