Božović: The Ministry of Justice plans to introduce a new criminal offense into the Criminal Code - serious hate speech

The Ministry of Justice plans to introduce a new criminal offense into the Criminal Code - serious hate speech, which will be punishable by a prison sentence of three months to three years, announced the relevant Minister, Bojan Božović.

The Parliamentary Committee for Gender Equality is questioning Božović and Minister of Culture and Media Tamara Vujović on the topic of "Cyberviolence against women in politics".

Božović said that the expansion of cyber violence, hate speech on social networks and the abuse of the right to freedom of expression has led to the fact that there is no MP or representative of the public word in public media life who has not suffered some form of misogyny, insults and hate speech.

"The reactions of institutions must be stronger in relation to such a factual situation," said Božović in his introductory speech, emphasizing that institutions have often been powerless in this regard.

He said that a person who holds a public office must endure a greater degree of pressure and criticism, but that it has reached a stage where that criticism, in the most vulgar way, is often abused by unknown persons hiding behind false names and profiles.

According to Božović, the Ministry of Justice has undertaken some activities to further strengthen the role of judicial institutions in the criminal law framework, in terms of protecting all those targeted by hate speech.

"The Ministry of Justice, encouraged by case law and some recent decisions, but also by recommendations from international institutions, plans to introduce a new criminal offense of serious hate speech into the Criminal Code," said Božović.

He explained that serious hate speech in the new Draft Criminal Code is a criminal offense committed against members of certain groups, based on national or ethnic affiliation, race or religion, citizenship, gender, language, skin color, education, social status, sexual orientation, gender identity or disability, political or other beliefs or other personal characteristics.

Božović said that the new criminal offense they plan to introduce into the Criminal Code, if supported by MPs, will make a distinction in relation to the existing Article 370 of the Criminal Code, which refers to inciting ethnic, racial and religious hatred.

"The existing criminal offense only treats those who incite hatred, and with the new criminal offense we will be able to prosecute anyone who publicly expresses hatred," Božović explained.

He said that this would be the jurisdiction of the Basic State Prosecutor's Office and the Basic Court, which, as he said, would make the procedures more transparent.

Božović said that the new criminal offense, if it is part of positive legal regulations, will be punishable by a penalty of three months to three years in prison.

"We think it's time to put an end to the so-called heroism on social media and to give the appropriate reaction," said Božović.

He added that everything is still in draft form and that it is being coordinated with the Secretariat for Legislation, after which it will be sent to the European Commission.