Hate-speech: an irrelevant issue or a perilous evil for European societies? Italy and the Netherlands: a comparative overview of hate speech criminalization

This article provides a comparative analysis of the criminalization of hate speech in Italy and the Netherlands, focusing on the principle of legal certainty. It explores the historical, cultural, and legal contexts that have shaped the different approaches to hate speech in these two countries. In Italy, the legacy of Fascism and the prioritization of freedom of expression have resulted in a legal framework that often struggles with the consistent application of hate speech laws. The balancing test used in Italian courts, which weighs freedom of expression against other constitutional rights, lacks concrete criteria, leading to unpredictable judicial outcomes and undermining legal certainty. Conversely, the Netherlands adopts a more militant democratic approach, emphasizing the protection of social order and human dignity. Dutch laws, particularly Articles 137c and 137d of the Criminal Code, offer clearer definitions and more consistent enforcement mechanisms. This approach ensures better compliance with the nondiscrimination principle and provides greater legal certainty. The article concludes that the disparities in legal certainty between the two nations highlight the need for harmonized legislative efforts and a commitment to upholding fundamental human rights across Europe