Criminal offence
Hate speech is a criminal offence which can be lawfully prevented or punished by the state. The Criminal Code of Georgia allows for the sanctioning of hate speech through fines, community service or the deprivation of liberty.
According to the Criminal Code of Georgia, commission of crime on the basis of any form of discrimination, including the language with the reason of intolerance, is regarded as an aggravating factor of punishment. Also, public incitement to acts of violence, in order to cause discord between certain groups based on the individual characteristics including the language is considered as a crime by the Criminal Code of Georgia. In addition, the public glorification, denial, acquittal or gross trivialization of genocide, war crimes and crimes against peace and humanity are considered to be punishable hate speech.
It is not just the authors who can be found guilty in criminal cases involving hate speech. You may also be found liable for the mere dissemination of hate speech if you endorse the message. For example, when offering a platform by publishing or broadcasting the message.
Read more about the right to a fair trial in criminal proceedings.
Elements of hate speech in hate crimes
Elements of hate speech may sometimes be noticed before, during or after the commitment of a hate crime, and the State has an obligation to include such elements in its investigation.
The Criminal Code of Georgia establishes that any crime committed with a biassed motive towards an individual or a group due to the victim’s race, nationality, ethnicity or religion may be considered to have aggravating circumstances. During the trial, the court can take the aggravating circumstances into account, namely, the bias motive, when adopting its decision. In general, aggravating circumstances can be applied to all crimes established by the Criminal Code. This means that, in some cases, hate speech can help establish that a crime should be considered to be a hate crime or that aggravating circumstances existed.
example If witnesses say that they heard the perpetrator shouting homophobic slurs before attacking a gay couple, this should be considered during the investigation and further action.
Read more about hate crimes and the differences between hate crimes and hate speech.