Changes from report parliamentary committee draft to plenary report

AddedR. whereas changes in social dynamics can generate new motivations for hate speech and hate crimes that have to be addressed by a common EU framework, which requires that Article 83(1) TFEU, which sets the list of EU crimes, be expanded;

AddedS. whereas in 2021, the Commission presented a communication entitled ‘A more inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime’ with a view to adding hate crime and hate speech to the list of areas of crime where Parliament and the Council may establish minimum rules concerning the definition of criminal offences and sanctions applicable in all EU Member States as provided for in Article 83(1) TFEU; whereas the Council must adopt a decision in this regard;

AddedT. whereas this Council decision would be a first step in creating the necessary legal basis to adopt, as a second step, a common legal framework to combat hate speech and hate crimes across the EU; whereas such a common legal framework is urgently needed to establish minimum standards concerning the definition of criminal offences and sanctions and thereby to combat hate speech and hate crimes on a common European basis in order to ensure consistent protection of the potential victims of such acts across the Union;

U. whereas the Council has yet to adopt a decision; whereas some Member States have been blocking concrete progress on this specific file in the Council;

Change 8

ChangedP.V. whereas Article 83(1) TFEU requires unanimity in the Council to identify ‘other areas of crime’; whereas this requirement has proved detrimental to achieving necessary common progress in ancombating areahate wherespeech theand commonhate Europeancrimes interestacross shouldthe prevail;Union;

Change 9

Changed1. Urges the Council to adopt a decision to include hate speech and hate crime asamong athe criminal offenceoffences within the list under Article 83(1) TFEU, so that the Commission can initiate the second stage of the procedure;

Change 10

Changed2. Recalls that Member States’ criminal laws deal with hate speech and hate crime in different ways,ways and that minimum harmonised rules at EU level exist only when such crimes are committed against a group or individual based on their race, skin colour, religionreligion, descent or national or ethnic origin, which makes it difficult to implement a successful common strategy to effectively combat hatred;

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Changed3. Strongly regrets that almost two years have passed since the publication of the Commission communication and that the Council has made no progress hason beenit, made;even though it was able to swiftly expand the list of EU crimes for other purposes; regrets such inaction in the light of the increase in hate speech and hate crimes;

4. Calls on the Member States to work together responsibly and constructively to resume negotiations within the Council in order to adopt a Council decision before the end of the current parliamentary term;

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Removed5. Recalls that successful negotiations require concessions in order to achieve a result that satisfies the common interest and respects European values;

Added5. Urges the Member States to support or at least refrain from opposing the adoption of the draft decision;

Removed6. Urges the Member States to agree with the draft decision or at least not to oppose its adoption;

6. Calls on the current and future Presidencies of the Council of the Union to consider the Commission’s proposal as a priority when drawing up their agenda and defining objectives;

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Changed8. Deplores the7. factRecommends that Article 83 TFEU requiresbe unanimityamended into make it subject to reinforced qualified majority rather than the Council,current andrequired unanimity; calls for the passerelle‘passerelle clauseclause’ to be activated;activated in this regard;

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Changed9.8. Emphasises that future EU legislation to cover hateestablish speechminimum andstandards hateconcerning crimesthe mustdefinition protectof humancriminal dignityoffences and combatsanctions hatredfor hate speech and intolerancehate irrespectivecrimes ofmust theprotect motivation;human recallsdignity, thatseek protectionto mustprevent beharm, universal,ensure withequality aand specialcombat focushatred onand targetedintolerance, persons,irrespective groupsof andthe communities;motivation;

Change 15

Removed10. Recalls that freedom of expression should not be exploited as a shield for hate speech and hate crimes, but neither should it be unjustifiably restricted;

Added9. Recalls that protection must be universal, with a special focus on targeted persons and vulnerable groups and communities;

Removed11. Asks the Commission to consider an open-ended approach whereby the list of grounds of discrimination will not be limited in order to effectively combat hate speech and hate crimes motivated by new and changing social dynamics;

Added10. Recalls that freedom of expression, is a foundational value of democratic societies and should not be unjustifiably restricted; further recalls that any legislation on hate speech and hate crime should be grounded in the principles of necessity and proportionality; underlines that freedom of expression must be exercised within the law and in line with Article 11 of the Charter and should not be exploited as a shield for hate speech and hate crimes;

Removed12. Calls on the Commission to take additional measures in countering the dissemination of illegal hate speech in online content on account of the impact of the multiplier effect of the online environment and social media on revictimisation;

Added11. Asks the Commission to consider an open-ended approach whereby the list of grounds of discrimination will not be limited to a closed list in order to effectively combat hate speech and hate crimes motivated by new and changing social dynamics;

Removed13. Calls on the Commission to give particular consideration to minors so as to give them special protection from hate speech and hate crimes, to prevent these incidents from occurring and to minimise their impact on minors’ development and mental health;

Added12. Stresses that misuses of the internet and the business model of social media platforms, which is based on micro-targeted advertising, contribute to spreading and amplifying hate speech, inciting discrimination and violence and increasing the risk of revictimisation; calls on the Commission and the Member States to ensure the correct implementation of current legislation, such as Regulation (EU) 2022/2065, and to make use of all means and instruments at their disposal to counter the dissemination of hate speech online;

Removed14. Calls on the Commission and the Member States to establish adequate data collection systems for obtaining solid and homogenous data on anonymous hate incidents, including hate crimes, in accordance with the relevant national legal frameworks and EU data protection legislation, as well as adequate monitoring mechanisms to assess the impact that policies and regulations have on the fight against hate speech and hate crimes;

Added13. Recalls public authorities’ responsibility in preventing, investigating, prosecuting and reporting hate speech and hate crimes and that they must take into account facts that indicate hate when doing so; stresses that future EU legislation should support and promote strong cooperation with civil society, equality bodies and national human rights institutions;

Added14. Calls on the Commission and the Member States to give particular consideration to minors, including those belonging to vulnerable groups, so as to give them special protection from hate speech and hate crimes, to prevent these incidents, including bullying in schools and cyberbullying, from occurring and to minimise their impact on minors’ development and mental health;

Added15. Calls on the Commission to ensure that a robust EU legal protection framework is put in place so that victims are effectively protected, in particular those from all vulnerable groups across the EU; emphasises the need to apply an intersectional approach and the importance of adopting comprehensive measures, including providing training to professionals likely to come into contact with victims, as well as measures to ensure protection, safe access to independent justice, specialised support services and reparations for victims; stresses that victims should be able to report their experiences to the competent authorities and be protected; recalls that ensuring the legal protection of victims would create a safe environment that would contribute to enhanced reporting, which is necessary to document hate speech and hate crimes;

Added16. Calls on the Commission and the Member States, in cooperation with relevant Union bodies and agencies, to establish adequate data collection systems for obtaining solid, comparable, disaggregated and anonymous data on hate incidents, including hate crimes, in accordance with the relevant national legal frameworks and EU data protection legislation, as well as adequate monitoring mechanisms to improve the regular availability, comparability and quality of the data collected and to assess the impact that legislation and policies have on the fight against hate speech and hate crimes;

17. Instructs its President to forward this resolution to the Council and the Commission.