CFP| Nº 12- 2024 |Second stage - Monographic: “Hate speech in the audiovisual media and its dissemination on the Internet”

CFP (English version)

Focus

Cuadernos del Audiovisual | CAA opens its call for papers for the 12th issue of its second stage in research journal format with the theme “Hate speeches in the audiovisual media and its diffusion on the Internet”.

The propagation of hate speech in the audiovisual media and its dissemination in the networks, its possibilities of multiplication, expansion and dissemination, as well as the transnational nature of this phenomenon, paint a picture where it is difficult to legislate and establish control. Nevertheless, the efforts made in this regard by institutions, regulatory bodies and the legislative sector, both nationally and internationally, are remarkable.

The Audiovisual Council of Andalusia is the audiovisual authority in charge of compliance with current regulations on audiovisual matters and advertising in the audiovisual media, in accordance with the provisions of Articles 1 and 2 of Ley 1/2004, de 17 de diciembre, de creación del CAA. Its principles of action are inspired by the right to honor and privacy, truthful information, equality and non-discrimination, among others. And, within the framework of the principles of action attributed to it by Law, the promotion of the values of tolerance, equality, solidarity and respect for human dignity is indicated. Likewise, in accordance with the functions established in Article 4, it is responsible for safeguarding the rights of minors, young people, the elderly, the disabled, immigrants and other groups in need of greater protection, with regard to the contents of programming and advertising broadcasts (...). Likewise, within the framework of these competences, the CAA's Strategic Plan 2021/2023 contemplates, as one of its objectives and actions, the protection of minors with regard to audiovisual content, in general, and with regard to this content broadcasted through the Internet, in particular.

The Audiovisual Council of Andalusia has been showing its concern about the online dissemination of audiovisual content that harbors elements compatible with hate speech, specifically in the context of the COVID-19 pandemic. In recent times, for example, the situation of armed conflicts has exacerbated the spread of audiovisual content on social networks, so it is important to analyze the features of this hate speech and identify it in order to better combat it.

The PIC in this issue of the Cuadernos del Audiovisual | CAA which is based on the idea that strategies to combat hate speech include the development of initiatives in the field of audiovisual communication and scientific research, always respecting freedom of expression, but aware that it is a phenomenon that is multiplying with surprising speed and that society's response cannot be delayed.

Defining hate speech is difficult. There is an open and constant debate to identify it. In Spain, for example, the Código Penal was reformed by Ley Orgánica 1/2015, de 30 de marzo, in order to adapt it to the jurisprudence of the Constitutional Court and to Framework Decision 2008/913/JHA (Council of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law). Article 510 criminalizes racist and xenophobic actions and conduct on the Internet. Thus, the Código Penal punishes.

1. With prison sentences of one to four years and a fine of six to twelve months:

a) Direct or indirect incitement to hatred, hostility, discrimination or violence against a group, part of a group or against a person because of his or her belonging to such group, for racist, anti-Semitic or ideological reasons, religion or beliefs, family situation, ethnicity, race, national origin, sex, sexual orientation or identity, or for reasons of gender, illness or disability.

b) The production, distribution or dissemination of writings or any other type of material whose content is the one described in the previous paragraph.

c) The denial, trivialization or glorification of the crimes of genocide, crimes against humanity or against persons and property protected in case of armed conflict, or glorifying their perpetrators, when committed against the aforementioned groups, when in this way a climate of violence, hostility, hatred or discrimination against them is promoted or favored.

2. With a prison sentence of six months to two years and a fine of six to twelve months:

a) Those who injure the dignity of persons through actions that involve humiliation, contempt or discredit of any of the groups or persons referred to in the preceding paragraph or produce, distribute or disseminate writings or any other type of material that due to their content are suitable for this purpose (...).

b) Those who glorify or justify, by any means of public expression or dissemination, the crimes committed against a group, a part thereof, or against a specific person by reason of their belonging to such group for racist, anti-Semitic or other reasons related to ideology, religion or beliefs, family situation, the belonging of its members to an ethnic group, race or nation, their national origin, sex, sexual orientation or identity, for reasons of gender, illness or disability, or those who have participated in their execution.
These facts carry a penalty of one to four years of imprisonment and a fine of six to twelve months when a climate of violence, hostility, hatred or discrimination against the aforementioned groups is promoted or favored.

3. The penalties provided for in the preceding paragraphs shall be imposed in its upper half when the facts have been carried out through a means of social communication, through the Internet or through the use of information technologies, so that it was made accessible to a large number of people.

Article 4.2 of the General de Comunicación Audiovisual (LGCA) states that “Audiovisual communication shall not incite violence, hatred or discrimination against a group or members of a group on the grounds of age, sex, disability, sexual orientation, gender identity, gender expression, race, color, ethnic or social origin, sexual or genetic characteristics, language, religion or beliefs, political or any other opinions, nationality, heritage or birth.”3.

Likewise, Article 157.1 considers as very serious infringements “The broadcasting of audiovisual content that manifestly incites violence (...), hatred or discrimination against a group of persons or a member of a group on the grounds of age, sex, disability, sexual orientation, gender identity, gender expression, race, color, ethnic or social origin, sexual or genetic characteristics, language, religion or beliefs, political or any other opinions, nationality, heritage or birth”4.

From a legal perspective, therefore, the component that hate speech must include in order to be criminally prosecutable is direct or indirect incitement to hatred, violence or discrimination, but not the manifestation of ideas, however reprehensible they may be. Thus, it is difficult to quantify and control the hate speech that circulates on the Internet, but there is concern about it because of the perception that it is a growing and elusive reality that takes advantage of the anonymity and impunity that seem to be found in the networks, sometimes, and the legal difficulties for its prosecution. In such a way if there is agreement on its dire consequences since hate speech can lead to hate crimes, compromising the most basic rights.

In addition to this concern of the Audiovisual Council of Andalusia, there are several reports that show the increase in the dissemination of hate speech in the media and, above all, through social networks. This is the context in which we invite the submission of research related to the thematic areas indicated below.

Questions

Contributions are invited, preferably related to the following aspects:

• Contributions on the construction of hate speech and its representation in the audiovisual media: themes, creation and consolidation of stereotypes, evolution over time and their transformation, identities and groups targeted by hate speech. Diachronic and synchronic perspectives.
• Works with contributions on safeguarding the rights of minors and young people that contribute to a better understanding of the reality of hate speech in the audiovisual media and its online dissemination.
• Research based on empirical data on the triggers and dissemination of hate speech in audiovisual media and on-line platforms.
• Contributions on the dangers and effects of hate speech and stigmatization of vulnerable groups. Characteristics of hate speech in different fields (sports, armed conflicts, culture, religion, etc.) in audiovisual media and online platforms.
• Research on legal and regulatory instruments on hate speech as well as relevant provisions and jurisprudence related to audiovisual media and its regulation. Reflections on hate speech and freedom of expression.
• Works with contributions on the manifestation through audiovisual media and social networks of hate speech expressed in various forms such as sexist and gender discrimination, xenophobia derived from migratory movements or religious intolerance.
• Research on codes of conduct and deontology, self-regulation and good practices, as well as measures, possible legislative improvements and recommendations of different types to be taken into account to address the dissemination of hate speech in the audiovisual media and its propagation in social networks.
• Research on the characteristics of the audiovisual forms adopted by hate speeches and their potential for viralization.

Instructions and Submission of Proposals

• The editorial standards of the Cuadernos del Audiovisual | CAA
• Submission of proposals for the Monograph through the OJS Platform.
• Cuadernos del Audiovisual | CAA Web Portal.

All articles submitted must be original and unpublished and must not be under review by other publications. They will be submitted to the double blind peer review process and the publication undertakes to inform the authors of the positive or negative result of the evaluation within a maximum period of two months of their submission. Contributions must be submitted in accordance with the journal's style guidelines.