Table of Contents
As a business owner, you have likely enjoyed the various opportunities and challenges the digital age posed for your business. On the one hand, it is now simple to reach the global market with little effort. On the other hand, with greater accessibility (and anonymity) comes the increasing challenge of policing your website for aggressive and abusive visitors. This article will consider whether your UK business is legally obliged to immediately ban site users from spreading hate speech. As you will see, this topic involves various grey areas with competing definitions of what is considered ‘hate speech’.
What is ‘Hate Speech’?
The Crown Prosecution Service (CPS) and UK police treat ‘hate speech’ as a criminal offence. Hate speech includes verbal abuse and online harassment by online abusers. Specifically, the definition of hate speech includes abusive or hostile comments relating to any of the following characteristics:
- religion;
- disability;
- race or nationality;
- sexual orientation; or
- transgender identity.
Naturally, the definition of ‘abusive or hostile’ can be a slightly grey area. Whilst unpleasant and morally unacceptable comments are easy to identify, UK businesses can struggle to determine when such statements cross the line and become ‘hate speech’. As a result, many CPS lawyers spend much time debating this question in court.
The usual guidance is to seek to remove and act upon any aggressive, hostile or abusive comments regarding these topics. This is the case regardless of whether the comments can be classified as hate speech, ‘hate motivated’ or online abuse.
Hate Speech On My Company’s Website
There are three main ways hate speech can end up on your website or social media platforms:
- your company posts hate speech;
- a website user posts hate speech; or
- cybercriminals post hate speech.
The least common is that your company posts hate speech itself. Naturally, no self-respecting business will intentionally post hate speech online. However, some businesses (particularly clothing brands) have accidentally stocked products that contain subtle, derogatory comments.
For example, a few years ago, a fashion website encountered issues after selling clothing items with racist wording. The business immediately pulled the product upon realising the hard-to-read message but still suffered unavoidable reputational damage.
The second way for hate speech to infiltrate your website and social media channels is through individuals posting inappropriate messages through comments on social media posts or the comment or customer review sections of your website. Accordingly, many companies employ an online moderator to quickly identify and remove abusive and unacceptable comments.
Finally, the third way is for hackers and cybercriminals to gain access to your website coding or social media sites and post abusive and hate-inspired messaging. Unfortunately, cyber-attacks of this nature are becoming more common and act to remind UK businesses to ensure robust cyber security.
Continue reading this article below the formCall 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
What Can My Business Do?
Subsequently, you should launch an investigation to determine the source of the hate speech. If an identifiable individual posted it, it might be worth giving that person a period to explain their comments and offer mitigating evidence. For example, it is common for an individual to be unaware of a phrase’s true meaning or argue that it constitutes regional slang.
In concluding your investigation, your company should decide on appropriate next steps. Regular legal advice usually includes considering whether to issue the site user with the following:
- a warning;
- time-limited suspension; or
- permanent site ban.
However, it is worth noting that many individuals use VPNs and post anonymously, making them hard to track. There is also an abundance of ‘bots’ online that automatically post prescribed messages from all areas of the globe. If your investigation concludes, for example, that bots have posted messages, your company should investigate anti-bot software for your website.
Key Takeaways
It is essential to ensure that your company quickly identifies and removes any content on its website that falls under the umbrella of hate speech. Whilst your company is unlikely to post anything of this nature, it should ensure it moderates its website to avoid any website users doing so. Many UK business owners ask expert lawyers to provide them with a Website Terms of Use policy as part of the fight to restrict hate speech and inappropriate content.
If you need help putting relevant legal documentation in place to combat hate speech, our experienced e-commerce and online business lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Unfortunately, it is challenging to come up with a suitable definition that covers all possible examples of hate crimes and abusive comments.
As of early 2023, the UK Government is debating whether to introduce more robust controls on online comments. This would include tighter controls on finding and removing hate speech from websites. However, this Bill is yet to become UK law (and there is no guarantee it will).
We appreciate your feedback – your submission has been successfully received.
