The Legal Regulation Of Hate Speech

The Kyoto Korean School incident in 2013 has become the catalyst of the hate speech regulation legislation on the agenda of the parliament.It admits that racial discrimination is a tort and its illegality is higher than its usual reputation damage.As an opportunity for this event,hate speech has attracted much attention in the Japanese society.The academic circles on the hate speech regulation has also been discussed fiercely.In order to prevent the spread of hate speech in Japan,the Japanese parliament passed hate speech elimination in May 2016.The malignant group events caused by hatred and discrimination have also occurred frequently in our country,which have seriously infringed on human dignity,and the regulation of hate speech has a strong rationality.However,there is still a big gap between the current domestic legal system and the standard of freedom of expression stipulated by international human rights conventions,which is not enough for effective regulation of hate speech.The purpose of this paper is to introduce the key points of the court decision of the Kyoto Korean School incident,the different positions of the academia on hate speech regulation,and the current legislative trend in Japan,so as to provide experience for the improvement of hate speech regulation in China.In addition to the introduction and conclusion,the text is divided into three parts:The first part introduces the case of the Korean school events in Kyoto,the court's verdict and the analysis of the case.The second part introduces the academic discussions on hate speech regulation,respectively,from the necessity of the regulation,and freedom of expression,if applicable,prohibition against the principles of the judgement of value theory,and the range of speech,political speech discrimination,regulation of the effectiveness of several levels for expansion.The third part introduces the legislative background,legal provisions and the current implementation effect of the "discriminatory speech and Measures Act to promote the elimination of domestic and foreign origin"adopted by Japan in 2016.