The European Union (EU) has been actively pursuing strategies to regulate so-called hate speech and disinformation online, with the aim of creating a safer digital environment. This involves a complex intersection of regulatory frameworks at both the national and EU levels.
One significant step in this direction was the adoption of a Communication by the European Commission in December 2021. This proposed extension of the list of “EU crimes” under Article 83(1) of the Treaty on the Functioning of the European Union (TFEU) to include hate crimes and hate speech. If adopted by the Council, this could pave the way for the EU to criminalize additional forms of hate speech and hate crimes beyond those motivated by racism or xenophobia.
