2017 Fiscal Year Final Research Report
A consideration on concrete method of defining hate speech
| Project/Area Number |
15K16943
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Criminal law
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| Research Institution | Yamaguchi University |
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Principal Investigator |
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Keywords | ヘイトスピーチ / 民衆扇動罪 / 公共の平穏 |
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| Outline of Final Research Achievements |
A typical example of hate speech regulation in Germany is Article 130 of the Penal Code: incitement to hatred. In the case where the constitutionality of paragraph(4) of Article 130 was contested, the court judged that the peacefulness of the public, which is the legal interest under the provision, should be interpreted narrowly, and that the contested paragraph is constitutional. Although such narrow interpretation is reasonable as a general theory, its specific applications to this case and other similar cases are greatly problematic. As a result, I clarified various points to be warned in making similar legislation in Japan.
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| Free Research Field |
刑法
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