Free speech or hate speech? A legal analysis of the discourse about Roma on Twitter

摘要

This article draws on material gathered from Swedish tweets about the Roma population, in order to map different discourses. Based on this material, a legal analysis was made focusing on how the legal protection under the European Convention on Human Rights (ECHR) and Swedish law for such types of expression may vary depending on the wider discursive context. This article concludes that the legal protection for hateful expressions against for instance Roma, will vary depending on the discursive context. When the expression is a direct part of a political discussion, the protection of freedom of expression will be higher. However, emphasis must also be placed on the aim, value, and accuracy of the statement, even in a political context. This will increase the possibilities to legally intervene against speech that may perhaps be triggered by an ongoing political debate, but is hateful and without value to that debate.