Different Facets of Cyber Hate in Russia and Controversial Legal Responses

In the Russian legal system cyber hate falls within the category of extremist activities and is prosecuted under administrative and criminal law. Many convictions were caused by ethno-xenophobic postings and militant jihadist propaganda, including sharing of xenophobic videos, songs, and memes. However, judicial practice is inconsistent and selective: the authors of critical remarks against the authorities were convicted for the incitement to hatred against the government, while cyber-bullying of women remained without response. A wide definition of ‘social group’ in Russian legislation often leads to misinterpretation and excessive restrictions on free speech. In addition to hate on national, ethnic, religious and other prohibited grounds, there are online groups, which incite hatred against those who they consider ‘others’. Legal analysis of judicial practice on prosecution for cyber-hate must help to draw a line between protected freedom of online speech and discriminatory statements, stalking or calls to violence, which should be banned.