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Detecting hate speech: Top court says not all 'extremist' likes can be reason for jail

Criminal charges may be pressed in Russia over posting extremist materials on the Internet only if it is confirmed that they were meant to stir up hatred

© Sergei Savostyanov/TASS

MOSCOW, September 20. /TASS/. Criminal charges may be pressed in Russia over posting extremist material on the Internet only if it is confirmed that it was meant to stir up hatred, Russia’s Supreme Court said in its resolution at a plenary meeting on Thursday.

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After the meeting, deputy chairman of the Supreme Court, who heads a criminal panel, Vladimir Davydov, told reporters that just liking and reposting material cannot be grounds for launching a criminal case.

"Russia’s Criminal Code does not stipulate responsibility for likes and reposts, but there is accountability for stirring up hatred, hostility and the like. Certainly, these facts should not be criminal. Even if there is extremist material, the intent still needs to be proven," Davydov elaborated.

The Supreme Court expects that earlier extremism-related criminal cases filed over likes and reposts on social media networks will be reviewed, Davydov emphasized.

According to Russian Supreme Court Justice Oleg Zatelepin, in order to place criminal culpability on individuals under Article 282 of the Russian Criminal Code, courts need to establish that these persons had been aware that their steps were aimed against the foundations of the constitutional system and their goal was to "whip up hatred, hostility and degrade human dignity."

The courts will have to verify all grounds for opening a criminal case. Posting formally extremist material is not a crime if it does not pose a threat to the public, he stressed. All factors related to alleged extremism need to be considered, including their commitment to radical ideology, participation in extremist groups and former convictions for extremist crimes.

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