How to complain if you believe that you have been a victim of hate speech?
As a victim of hate speech you have several ways to remedy the harm done to you by such expressions. Most commonly hate speech will be investigated in criminal proceedings, but in addition to that you can also bring a civil claim for compensation.
Complaints to the disseminator
In certain cases, it may be sensible to contact the disseminator of the hate speech, for example, by reporting instances of hate speech that you see on social media to the platform itself. This is especially relevant if you are not a direct victim of hate speech and are not willing to seek the initiation of criminal proceedings.
It is also important to assess whether the platform responsible for hosting or disseminating the hate speech, should also be liable. If the platform refuses to remove instances of hate speech, it can face fines or even stricter liability. In such a case, you could seek compensation from them as well.
Criminal proceedings
If you believe that you have been a target of hate speech, you can request the prosecutor’s office to initiate criminal proceedings.
If the prosecutor’s office rejects your request to initiate criminal proceedings and you consider that this decision is not well grounded, you may appeal it to the supervising prosecutor’s office.
Read more about criminal liability.
Administrative proceedings
If you think you have become a target of hate speech, you can file a complaint with the Protection from Discrimination Commission. The two parties are summoned to a hearing before the committee, which resembles the court. The Commission may find a violation of the law and impose a fine, but the compensation affected may be sought by the District Court on the basis of the Commission's decision if it has established an offence.
Civil claim
Regardless of the outcome of criminal proceedings, you have a right to claim monetary compensation from the authors or disseminators of expressions that have caused moral suffering or material damages to you. You can bring such claim in three situations:
- First, you can bring civil action in the criminal proceedings. If the court refuses to examine the criminal case and the civil claim jointly, you can claim compensation before the civil court after a conviction has entered into force
- Secondly, you can claim compensation from the District Court after a Commission decision on protection against discrimination that establishes that your right to equal treatment has been violated
- Thirdly, you can file a claim for discrimination and, at the same time, for redress in the Dis-trict Court
Read more about civil liability.