European Commisioner Helena Dalli today revealed that there are plans for a second framework to extend the coverage of what is currently considered as hate speech.

Addressing a conference about Combatting and Preventing Hate Speech, Dalli stated that member states have an obligation to combat hate crimes especially hate speech, using the current implemented framework regarding the judicial processing of hate crimes.

Praising Malta’s will to go beyond the European Union’s recommendations with regard to the initial framework to include hate speech in the Maltese laws, she stated that Malta needs to positively continue down this never ending road, to further enhance and strenghten new ways in which challenges presented by hate speech are tackled.

Emphasising on hate speech online, Dalli stated that there needs to be more targeted implementations, especially on social media platforms. She remarked that thanks to the initial framework in place to combat hate speech, there has been an increase in the removal of flagged content on several social media platforms such as Instagram, where there was a removal of 66.2 percent, Twitter at 48.9 percent and Tiktok at 80.1 percent.

She added that although these statistics are encouraging, when combined together they are at a lower rate than last year, implying that there is still alot to be done as this is only a small part of the whole issue, created by hate speech.

Owen Bonnici, Minister for Equality, Research and Innovation, remarked that back in 2016 when he pushed for reforms in Parliament to drastically improve artistic freedom he was met with backlash, even though they were to change Malta for the better. He added that these regulations were implemented, taking into consideration to not cross the fine line present between freedom of speech and hate speech. In efforts to tackle the issue, he said that educating the general public in an age-appropriate fashion, varying in  healthy debates which include disagrements on all issues linked to the grounds where discrimination happens, is key to preventing such crimes from multiplying.

Mentioning the legislation, Bonnici added that because of it there is a defined fine line that citizens can refer to.  This cannot be crossed when engaging in a democratic debate as it will be categorised as hate speech, which at present is a criminal act. Refering to the criminal code, Bonnici stated that although citizens convicted of hate speech may be liable to an improsonment for a term varying  from six  to 18 months, there needs to be continous work to further develop such areas of laws.

Both speakers said that such criminal sanctions should be used as a measure of last resort, as a balance must be kept between fighting hate speech and safeguarding freedom of speech. As an example, Bonnici mentioned that The European Commision against Racism and Intolerance within the Council of Europe, pushed forward the issue that restrictions on hate speech should not be in any way misused to shun minorities or religious beliefs.

Addressing the problem of under-reporting, he added that these issues are unfortunate features of these two phenomena, and that is why there should be a defined balance.

Present for the conference were also Ms Hanna Heuser, Research Fellow University of Leipzig; Maria Pisani from the University of Malta; Regine Psaila from African Media Association Malta, Clayton Mercieca who is the President of Allied Rainbow Community and also the Institute of Maltese Journalists, who together formed an interactive Panel, which discussed the reality of day-to day challenges faced because of issues created by hate speech.

Lawyer Mary Muscat from the Faculty of Law at the University of Malta also delivered a legal analysis on the subject.