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AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

Abstract

The overall objective of this research is to clarify the difference between two overlapping: hate speech and freedom of opinion and expression, to learn why such speech is widespread in Palestinian society, to highlight the Palestinian legislator’s criminal policy in the face of the dissemination and promotion of hate speech via Facebook, and to access a policy paper addressing hate speech through legislative outlets. The problem with research is how to balance freedom of opinion and expression and criminalize hate speech via Facebook. The researcher followed the analytical descriptive approach, divided the research into two main demands, and reached a number of findings: freedom of opinion and expression mixed with the dissemination and promotion of hate speech. The term hate speech was loosely mentioned in Palestinian legislation. Spreading and promoting hate speech is one of the challenges facing Palestinian society. Palestinian legislation is free from the boundaries between freedom of expression and hate speech. The offence of disseminating and promoting hate speech is a misdemeanor for which penalties and precautionary measures are prescribed by law. The attempt to commit an offence of dissemination and promotion of hate speech shall be punishable by half the penalty prescribed for the total offence. The responsibility for countering the dissemination and promotion of hate speech is a collective responsibility of all components of Palestinian society. The recommendations call on the Palestinian legislature to clarify the terms set out in article 24 of Decree-Law No. 10 of 2018, thereby contributing to the realization of the principle of the legality of the crime and punishment. To call upon the Palestinian legislature to consider concrete and detrimental results from the dissemination and promotion of hate speech as an aggravating circumstance, so that it becomes a crime punishable by temporary hard labour. The Palestinian legislator’s call for equal punishment between attempted and total crime in the crime of disseminating and promoting hate speech, given the seriousness of this crime, and the equal criminal will to attempt and commit total crime. Call on the Palestinian legislature to establish a national observatory to monitor and prevent hate speech.

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