In European legal systems, incitement to hatred consists in disseminating or promoting content capable of inciting hostility, discrimination, or violence against individuals or groups identified on the basis of characteristics such as origin, ethnic affiliation, religion, gender, or other personal conditions.
The legal interest protected is the dignity of the individual, equality, and social coexistence.
In essence, such conduct may consist of:
• inciting hatred, discrimination, or violence against groups or categories;
• disseminating messages capable of generating hostility toward specific individuals or groups;
• legitimizing or justifying discriminatory or violent behavior;
• using stereotypes or representations capable of dehumanizing or degrading;
• creating or reinforcing a hostile climate toward identified categories.
It is not necessary for violent or discriminatory acts to occur.
It is sufficient that the conduct is capable of provoking or reinforcing attitudes of hatred or hostility.
Such conduct may also concern a specific individual, where the hostility expressed is based on characteristics that associate them with a group or category.
From conduct to effect
Incitement to hatred affects social perception and relationships between individuals and groups.
It may produce different effects:
• normalizing hostile or discriminatory attitudes;
• reinforcing pre-existing prejudices;
• legitimizing aggressive behavior;
• creating divisions between social groups;
• increasing the risk of violent or discriminatory conduct.
The harm does not derive solely from possible subsequent actions, but from the spread of a climate that makes them possible or acceptable.
Instrumental function
In a coordinated context, incitement to hatred may take on an additional function.
It can be used to:
• mobilize groups against specific individuals or categories;
• reinforce group identity through opposition;
• justify exclusion, discrimination, or hostile acts;
• prepare the ground for subsequent conduct;
• support other actions through the construction of hostile consensus.
In these cases, incitement is not episodic: it is functional.
From incident to dynamic
In isolation, such conduct may appear as an expression or opinion.
In a coordinated context, it may take on a broader function.
It can contribute to:
• disseminating hostile content through multiple individuals;
• repeating similar messages over time;
• amplifying their reach through different channels;
• creating a shared perception of hostility;
• consolidating a social climate favorable to discrimination.
In these cases, it is not the single message that matters, but the overall pattern.
In the contemporary context, the use of digital tools amplifies the dissemination and persistence of such content, increasing their capacity to have an impact over time and to reach a plurality of individuals.
Connection to other offenses
Incitement to hatred may be linked to other conduct:
• incitement to commit a crime, when the content goes beyond expressing hostility and concretely incites the commission of offenses;
• coercion, when incitement translates into direct pressure or compulsion against an individual;
• harassment or stalking, when content is repeated over time and directed at a specific individual, affecting their personal sphere;
• defamation, when content attributes harmful facts or qualities to identifiable individuals, damaging their reputation;
• threats, when the content presents a concrete and credible harm;
• violation of privacy, when hatred is accompanied by the dissemination or use of personal data not intended for disclosure;
• criminal association, when incitement to hatred is organized and coordinated among multiple individuals.
These connections do not alter the autonomous nature of the offense, but highlight its integration into more complex and coordinated dynamics.
Incitement to hatred as a structural conduct
Incitement to hatred is recognized in European legal systems as conduct affecting the dignity of the individual and social coexistence.
When placed within a coordinated context, it may serve an additional function:
not only expressing hostility, but contributing over time to the creation and reinforcement of a climate favourable to discrimination and violence.
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