References (119)



Hate Crime in Cyberspace: The Challenges of Substantive Criminal Law

Audrey Guinchard

University of Essex - School of Law

April 9, 2009

Information and Communication Technology Law, Forthcoming

Hate crime evokes hate speech, but to assimilate one with the other would not do justice to the diversity of behaviors encompassed by the expression "hate crime". A first overview of the notion is necessary in order to highlight the key features of offenses involving hatred. A particular emphasis will be given to the specificity of cyberspace hate crimes both in the UK and in France. This comparison will enable us to tackle the main issue cyber-hate raises: that of the legitimacy and practicality of criminalizing behaviors related to hatred on the internet. The debates may not be specific to hate crimes but they are acute for at an international level, crime notably limits a freedom of expression which does not have the same meaning both legally and culturally. The Convention on cyber crime will also be looked at, especially that its critics argue that it did not go far enough into protecting victims of hate crimes at an international level.

Number of Pages in PDF File: 33

Open PDF in Browser Download This Paper

Date posted: April 9, 2009  

Suggested Citation

Guinchard, Audrey, Hate Crime in Cyberspace: The Challenges of Substantive Criminal Law (April 9, 2009). Information and Communication Technology Law, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1375589 or http://dx.doi.org/10.2139/ssrn.1375589

Contact Information

Audrey Guinchard (Contact Author)
University of Essex - School of Law ( email )
Colchester, Essex CO4 3SQ
United Kingdom
Feedback to SSRN

Paper statistics
Abstract Views: 1,543
Downloads: 360
Download Rank: 50,937
References:  119
People who downloaded this paper also downloaded:
1. The Problem of Perspective in Internet Law
By Orin Kerr

© 2015 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.359 seconds