Combating hate speech and hate crime

The legal and policy framework in the EU

The European Union is founded on values such as respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. All forms of hatred and intolerance are incompatible with these fundamental rights and values.

Hatred not only affects the individual victims, it represents a threat to vibrant democracies and a pluralistic society.

Hate motivated crime and speech are illegal under EU law. The 2008 Framework Decision on combating certain forms of expressions of racism and xenophobia requires the criminalisation of public incitement to violence or hatred based on race, colour, religion, descent or national or ethnic origin. The European Commission, as Guardian of the Treaties, monitors the correct implementation of the Framework Decision, through dialogue and when needed infringements proceedings.

On 9 December 2021, the European Commission adopted a Communication which prompts a Council decision to extend the current list of ‘EU crimes’ in Article 83(1) TFEU to hate crimes and hate speech. If this Council decision is adopted, the European Commission would be able, in a second step, to propose secondary legislation allowing the EU to criminalise other forms of hate speech and hate crime, in addition to racist or xenophobic motives.

The European Commission’s policy “toolbox” includes also dedicated exchanges and tools in support to national authorities in the context of the High Level Group on combating hate speech and hate crime, which functions since 2016. This work has focused on better support to victims, in line with the Victims Rights Directive, on stepping up hate crime training for law enforcement, and on enhancing recording, reporting and data collection of hate crimes. In addition, to face the challenges of online hatred, the European Commission initiated in 2016 a voluntary Code of Conduct on countering illegal hate speech online with well-known IT companies.

The Commission’s policies pay particular attention also to specific forms of hate speech and hate crime experienced by groups and communities, such as antisemitism, as mentioned in the EU Strategy on combating antisemitism and fostering Jewish life (2021-2030), anti-Muslim hatred or anti-gypsyism.

No place for hate: a Europe united against hatred

In December 2023, the Commission and the High Representative adopted a Joint Communication on “No place for hate: a Europe united against hatred”. The Communication aims to step up EU efforts to fight hatred in all its forms, by reinforcing action across a variety of policies. These include stepping up the work on combating hate speech online through an upgrade of the Code of conduct agreed with major online platforms, measures to enhance the protection of places of worship via an increased budget of the Internal Security Fund and an upgrade to the role of Envoys of the current Coordinators on combating antisemitism and fostering Jewish life, on combating anti-Muslim hatred and on combating racism.

The High Level Group on combating hate speech and hate crime

The High Level Group is established since 2016 with the following mandate:
•   to foster in-depth expert discussions on horizontal issues common to the fight against hate speech and hate crime on all grounds, seeking to develop practical guidance, standards and tools and to build capacity to improve responses at the national and local level;
•   to facilitate the exchange and dissemination of good practices undertaken at local, national or international level;
•   to include both international organisations and civil society perspectives and foster dedicated thematic discussions on specific forms of hatred and ways to channel effective responses on the ground.

The 2022 Key guiding principles on cooperation between law enforcement authorities and civil society organisations are an example of guidance produced by the High Level Group. These key guiding principles embrace the areas of hate crime reporting and data collection, hate crime training and hate crime victim support.

Work streams and resources

The High Level Group has organised its work along four focus areas and each of them has produced the following important guidance and resources:

Hate crime recording, reporting and data collection

coordinated by the EU Agency for Fundamental Rights (FRA)

Hate crime training and capacity building for national law enforcement

coordinated by the European Commission and the EU Agency for Law Enforcement Training (CEPOL)

Hate crime victims support

coordinated by the OSCE Office for Democratic Institutions and Human Rights (ODIHR)

Countering hate speech online

coordinated by the European Commission

Funding opportunities

The European Commission provides financial support to national authorities and civil society organisations working on hate speech and hate crime, through the Citizens, Equality, Rights and Values (CERV) programme. To receive information about the upcoming calls, please visit the CERV webpage.