1. What is this page for?
This page is used for reporting hate speech and hate-motivated acts.
Reporting hate speech – since various forms of hate speech are not covered by a single legal framework but are instead found across different regulations (relating to media, criminal law, anti-discrimination legislation, etc.), the purpose of this page is to make it easier to intervene in cases of hate speech. It is your role as citizens to draw attention to instances of hate speech in public spaces, and our task is to turn your report into a formal submission that competent authorities can (and must) act upon. However, the goal of this page is not only intervention aimed at removing and sanctioning hate speech, but also raising public awareness of such expression as incompatible with a democratically organised society that is open to all people, regardless of which social group they belong to.
Reporting hate-motivated acts – this page can help by providing information on who to contact for further help and support if you are a victim of an act motivated by prejudice and hatred. If you have been attacked, if your property or other personal belongings have been damaged, or if you witnessed such an event and believe it was based on prejudice related to certain characteristics such as racial background, skin colour, religion, national or ethnic origin, language, disability, sex, sexual orientation, or gender identity, please reach out for help and support in taking further action and seeking protection. We also aim to ensure better and more dedicated monitoring of this area and the effective implementation of protection policies for all those who may be targets of attack, and the information you provide helps us in this regard. After processing, your report will be stored in a database and used for statistical purposes and in the preparation of the annual report on actions taken.
2. What exactly is the definition of hate speech?
There are several definitions of hate speech:
Hate speech is public speech – via radio, print, television, computer systems or networks, at public gatherings, in statuses, posts, leaflets, images, videos, and other publicly available materials – that calls for violence and hatred against a group of people or a member of a group on the basis of:
"Hate speech covers all forms of expression which spread, incite or justify racial hatred, xenophobia, antisemitism or other forms of hatred based on intolerance, including intolerance expressed in the form of aggressive nationalism and ethnocentrism, and discrimination and hostility against minorities, migrants and people of immigrant origin." (Recommendation of the Committee of Ministers of the Council of Europe No. R (97) 20, 30 October 1997)
"Hate speech is any form of expression that spreads, incites, promotes or justifies hatred based on intolerance, including religious intolerance." (European Court of Human Rights)
3. Is hate speech punishable?
Every instance of hate speech should be addressed, but not all such speech is punishable under criminal law. We distinguish between:
Some forms of unacceptable speech are clearly and unambiguously prohibited and sanctioned by the Criminal Code, Article 325, as the most repressive means of discouraging, preventing, and deterring hate speech. These are the most serious forms of incitement to violence and hatred. Other forms are also legally regulated with other sanctions provided, most commonly misdemeanour penalties. Hate speech is also sanctioned through the powers of independent regulatory and self-regulatory bodies (the Council for Electronic Media, the Press Council of Honour).
4. What about freedom of speech?
Freedom of speech is one of the most important democratic rights recognised by a range of supranational and national instruments, from the International Covenant on Civil and Political Rights (Art. 38), to the Constitution of the Republic of Croatia (Art. 19), and the Media Act (Art. 3).
However, freedom of speech is neither unlimited nor unconditional. Preventing hate speech and the stigmatisation of certain social groups is one of the few justified grounds for restricting freedom of public expression. Speech that stigmatises, calls for violence and hatred, or incites hostility against particular social groups is incompatible with freedom of speech precisely because it violates the rights of others and is entirely incompatible with equality as a fundamental principle of life in society.
5. What are hate-motivated acts?
Violent incidents and other hate-motivated acts are defined in the Criminal Code as hate crimes – criminal offences committed on the basis of the racial background, skin colour, religion, national or ethnic origin, language, disability, sex, sexual orientation, or gender identity of another person.
However, not every act of violence committed on the basis of the above characteristics constitutes a hate crime in the criminal law sense. The correct classification of an act of which you are a victim or witness is the task of the competent institutions – the police, the prosecutor's office, and the courts. If you suspect that you have been harmed (physical assault, damage to your property, etc.) or if you witnessed an act you believe was motivated by someone's characteristics from the list above, please report it here or at your nearest police station and request action and assistance.
6. Will my name/alias or email address be published on this page?
No. Your name/alias and email address will be visible exclusively to administrators and will be used solely to allow them to contact you for additional information about the report you submit, or to more accurately determine the nature of the case so that, where there are grounds and sufficient information, they can act on it. No information about the submitter of any report on this page will ever be made available to the public.
7. Wait – why do I have to leave my contact details at all?
A minimum responsibility of the administrators of this page is to ensure that the reports received are backed by real individuals who are prepared to provide concrete and credible information about the cases they are reporting. To prevent submissions that do not contain enough information to allow for meaningful action, administrators must be able to follow up with those who submit reports, which is why it is preferable to provide your real name and surname, and essential to provide a functioning email address. Since no report will be published, nor any information about it, there is no reason for anyone to fear providing their actual contact details. By sending us a report, we commit to keeping it confidential, and you contribute to a more tolerant and inclusive society without any risk to yourself.
8. Do I need to give consent for the storage and processing of personal data?
We care about your personal data. Our personal data protection policies are aligned with the provisions of the General Data Protection Regulation (GDPR, 95/46/EC). All personal data is collected exclusively for the purpose of processing this report and will not be used for any other purpose or shared with third parties. For more information about personal data, please visit: this link.
9. Which body or bodies receive the submitted reports?
Depending on the nature of each individual report, it may be converted into an official submission to one of the following public authorities:
Agency for Electronic Media / Council for Electronic Media – the Agency and the Council are the bodies responsible for supervising the content of programmes broadcast on television or radio and via online portals (electronic publications).
Ombudspersons – the People's Ombudsperson, the Ombudsperson for Gender Equality, the Ombudsperson for Persons with Disabilities, and the Ombudsperson for Children are bodies that deal with the protection of human rights (in the case of the three so-called special ombudspersons, with a targeted focus on the human rights of specific social groups) and with the systematic monitoring and issuing of recommendations to improve the state of human rights protection in the Republic of Croatia.
Press Council of Honour – the Press Council of Honour is a self-regulatory body of the journalism profession that monitors compliance with the principles and norms of the Code of Honour of Croatian Journalists, and is an integral part of the Croatian Journalists' Association (HND).
In cases of speech that calls for violence and hatred and is thereby subject to criminal prosecution under Article 325 of the Criminal Code (Official Gazette 125/11, 144/12, 56/15, 61/15), the competent authority is the State Attorney's Office of the Republic of Croatia.
In cases of hate-motivated acts, the page administrators will without delay contact the competent institutions, primarily the police, the State Attorney's Office, and where necessary the People's Ombudsperson or other special ombudspersons.
