Legal Limits on Free Speech in EU Countries

Free speech is a cornerstone of democracy, but it is not without limits. In the European Union, freedom of expression is protected by key legal frameworks, such as the European Convention on Human Rights (ECHR). However, this right can be restricted when speech crosses the line into hate speech, incitement to violence, or the dissemination of harmful disinformation. Here, we explore how these limits apply, particularly to pro-Russian propagandists who incite hatred or violence in the context of the war in Ukraine.

Understanding the Legal Basis for Limitations

1. European Convention on Human Rights (ECHR)

The ECHR protects freedom of expression under Article 10, but it also explicitly provides for restrictions when necessary in a democratic society.

Key Provision:

"The exercise of these freedoms... may be subject to such formalities, conditions, restrictions, or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity, or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others."

Hate speech targeting Ukrainians, Bulgarian supporters of Ukraine, or praising violence against these groups can violate public safety and the rights of others, justifying restrictions under Article 10(2).

2. EU Framework Decision on Combating Racism and Xenophobia (2008)

This directive requires EU Member States to criminalize public incitement to violence or hatred based on nationality, race, or ethnic origin.

Key Provision:

"Member States shall ensure that the following intentional conduct is punishable: (a) publicly inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin."

Pro-Russian propaganda that incites hatred against Ukrainians or Bulgarians aligns with this definition and can be legally curtailed.

3. Digital Services Act (DSA)

Under the DSA, very large online platforms like Twitter must assess and mitigate systemic risks, including the dissemination of illegal content, disinformation, and actions that threaten public security or fundamental rights.

Key Provision:

"Very large online platforms shall be required to assess and mitigate systemic risks stemming from the dissemination of illegal content, disinformation, and actions which threaten public security or fundamental rights."

Platforms are obligated to remove content that spreads hate speech or incitement to violence.

4. EU Code of Practice on Disinformation (2022 Update)

While voluntary, this code has been endorsed by major platforms like Twitter to combat disinformation and harmful content, especially during crises such as Russia’s invasion of Ukraine.

Key Principle:

"Signatories should take measures to mitigate the risks of disinformation and manipulative practices, especially during crises, such as Russia’s invasion of Ukraine... including the removal of accounts involved in disinformation and incitement of violence."

This code supports proactive measures against propagandists who incite hate or spread harmful narratives.

5. General Data Protection Regulation (GDPR) - Article 17

Under the GDPR’s "right to be forgotten," individuals or organizations can request the removal of online content that is unlawful, including hate speech or incitement.

Key Provision:

"The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay where... the personal data have been unlawfully processed."

Hate-filled or inciteful content targeting Ukrainians or their supporters could be considered unlawful processing under the GDPR.

Practical Application: Limiting Pro-Russian Propaganda on Social Media

A Twitter account that distributes hate against Ukraine, Ukrainians, and Bulgarians supporting Ukraine—while praising Russian violence—can be legally limited under these frameworks. Such content likely constitutes:

• Incitement to hatred or violence: Violates the EU Framework Decision on Racism and Xenophobia.
• Dissemination of illegal content: Breaches obligations under the Digital Services Act.
• Harmful disinformation: Contravenes the EU Code of Practice on Disinformation.
• Threats to public order and rights: Falls under Article 10(2) of the ECHR.

Social media platforms are legally obligated to act against such accounts by removing harmful content and, if necessary, banning the users involved.

Conclusion

While freedom of speech is a fundamental right, the EU provides clear legal grounds for limiting harmful speech that incites hatred, violence, or disinformation. In the context of pro-Russian propaganda, these measures are crucial to safeguarding democratic values, public safety, and the rights of affected groups. By leveraging these frameworks, social media platforms and authorities can take decisive action against harmful narratives while upholding the principles of a democratic society.