Finding balance between freedom of expression and hate speech restriction in the Republic of Armenia

Abstract

Regulating hate speech represents a problem of balancing the right to freedom of expression with other human rights, namely right to be free from discrimination and right to dignity. In 2019, several new state-sponsored initiatives were launched to amend restrictions on freedom of expression to tackle the issue of hate speech within the legal framework of the Republic of Armenia. The international framework is incoherent due to lack of uniform approach towards the definition of “hate speech”. While several states have reached to the establishment of balanced, sustainable and stringent framework and good practice in this area, this process still represents a challenge for those states, which are starting to undertake efforts towards regulating hate speech. The aim of this paper is to reveal the lacunae in the current legislation of the RA and to outline the scope of possible reforms and amendments in the context of regulating hate speech while maintaining balance with the freedom of expression. The research was conducted through review of scholarly works, legal analysis of domestic legal framework, international commitments, guidelines of experienced organizations and best practice of select Council of Europe member states.