Belgium

This chapter outlines key aspects of Belgian law concerning freedom of expression and hate speech. It begins by highlighting the Constitutional provisions and their liberal roots dating back to 1831, emphasizing the traditionally exceptional protection of intellectual freedoms like freedom of speech, press, assembly, and religion, and addressing technical complexities like the concept of ‘press offenses’. The chapter goes on to sketch the scope and application of national statutory law concerning hate speech, with a focus on federal legislation that penalizes incitement (to hatred, discrimination, violence) on a range of protected characteristics, denialism and sexism. The text also discusses the procedural challenges in prosecuting hate speech, especially in cases involving written materials that enjoy a special protection regime under the Belgian Constitution. The role of equality bodies like Unia and the Institute for the Equality of Women and Men is highlighted in enforcing these laws and generating court cases. Additionally, the text focuses on how international and supranational law and legal institutions have shaped the interpretation and application of the Belgian hate speech regulations.