There’s a big difference between hate speech and revenge porn.
A person has rights to their likeness and image. That’s why anybody who goes in front of a camera, be it a porn star or a model or an actor, signs a ‘model release’ giving the photographer authorization to publicize and sell their images. Without that simple one page contract, nothing in the photo shoot can be published.
Porn actors do that. And in fact, they usually do it on video, where the actor holds up their driver’s license and says ‘my name is blah blah I am a pornographic actor and I am consenting to have sex on camera today and authorize this production company to publicize and sell the resulting video’ or something like that.
Revenge porn victims have made no such agreement, and while the penalties are stronger because of the harm it causes them, the legal basis for having any penalty at all is simply that they did not consent to having their likeness and image publicized.
Hate speech has no such issue. It may be harmful to a person or group, but if you remove the very broad ‘hatred’ label, it becomes just an opinion that would otherwise be protected speech.
The other problem is that what considers hatred is very much subjective. For example, if I say wanting to own a gun is evidence of mental illness, a lot of people on Lemmy will agree with that and I will probably get upvotes. If I say wanting to use the bathroom of other than your biological genetic sex is evidence of mental illness, I will probably get banned. What is the difference between the two? Supporting LGBT rights is popular, supporting the second amendment is not. So you create the situation where the only difference between a valid opinion and an invalid one is whether or not it’s accepted mainstream, and that’s a bad way to go.
Also, in a free country, it is generally considered that expressing an opinion which may be detrimental to others is not in itself considered bad. If I say that people over 80 years old should require a yearly driving test, that’s a valid position for me to have and nobody will call me ageist for saying it. If I say that Donald Trump should be arrested rather than elected, that is directly detrimental to a person but it would get me upvotes here. If I said that being Republican is evidence of mental illness, that is directly prejudicial against an entire group which has many different reasons for believing as they do, and it would probably get me upvotes also.
My point is, hate speech as a concept is difficult to define and when you try to ban it with censorship you are just starting down a slippery slope that will have the opposite of the desired effect. You legitimize the counterculture and do nothing to stop the real problem, the actual hatred.
It’s not difficult to define.
It’s about people’s choices.
People can choose to own a gun, choose to want to own a gun, choose to own a whole armoury.
I think owning a gun is stupid. I live in a country that successfully regulates guns.
Saying “I think gun owners are stupid” isn’t hate speech because they have chosen to own a gun.
If I said “gun owners should use their guns in themselves” that becomes hate speech because it’s wishing harm on them.
People choose to be Republicans, trumps choices in life are why he is where he is.
Hate trump because of what he does, not because he has blonde hair.
People don’t choose to be gay, or be trans, or be Jewish, or be black, or be short or whatever.
Which is another way opinions can become hate speech.
If I said “I think gun owners are stupid” that isn’t hate speech.
If I said “I think black people are stupid” that becomes hate speech because it is grouping people by something they have no control over.
For the record, I personally think everything you said is truly repugnant. Although I’d point out the first one I’ve seen applied to Trump voters, frequently, in mainstream discussions on ‘civilized’ platforms, with little or no moderator response. So apparently it’s okay to be prejudiced and discriminatory as long as it’s against someone others don’t like.
That said, my problem is not the banning of these statements. Most platforms quite reasonably would ban such things, and I have no problem with that.
What I have a problem with is the government REQUIRING a platform ban certain speech. I don’t care if it’s the most vile horrible hate filled shit. It should be up to the platform, not the government, to decide what speech is acceptable or not.
Because if government gets to decide what private citizens are allowed to discuss on privately-owned forums, that’s a very slippery slope.
In that case, what is the line between “simply” hate speech and actual radicalization to terroristic acts and/or conspiracy to terroristic acts and/or incitement to terroristic acts? At what point does it stop being “someone should [violent act] the [slur]s” and become “I bought a gun and several mags and have been practicing for the [dogwhistle mass violence event], let’s [violent act] the [slur]s”? At what point does it stop being 4chan trolling and become all but admitting intention to commit the Christchurch shooting? A Stormfront discussion forum becoming outright planning for and incitement to a Jan 6th riot?
A better question is where is the line between ‘simply’ a controversial opinion and actual hate speech?
Because if a platform is required by law to ban hate speech, that’s going to sweep up a lot of controversial opinions along with it.
Is it ‘hate speech’ to express any negative opinion about an oppressed group? And if not, where do you draw THAT line?
(if you want an answer to your original question I wrote one out but it’s somewhat long…)
There’s a big difference between hate speech and revenge porn.
A person has rights to their likeness and image. That’s why anybody who goes in front of a camera, be it a porn star or a model or an actor, signs a ‘model release’ giving the photographer authorization to publicize and sell their images. Without that simple one page contract, nothing in the photo shoot can be published. Porn actors do that. And in fact, they usually do it on video, where the actor holds up their driver’s license and says ‘my name is blah blah I am a pornographic actor and I am consenting to have sex on camera today and authorize this production company to publicize and sell the resulting video’ or something like that. Revenge porn victims have made no such agreement, and while the penalties are stronger because of the harm it causes them, the legal basis for having any penalty at all is simply that they did not consent to having their likeness and image publicized.
Hate speech has no such issue. It may be harmful to a person or group, but if you remove the very broad ‘hatred’ label, it becomes just an opinion that would otherwise be protected speech.
The other problem is that what considers hatred is very much subjective. For example, if I say wanting to own a gun is evidence of mental illness, a lot of people on Lemmy will agree with that and I will probably get upvotes. If I say wanting to use the bathroom of other than your biological genetic sex is evidence of mental illness, I will probably get banned. What is the difference between the two? Supporting LGBT rights is popular, supporting the second amendment is not. So you create the situation where the only difference between a valid opinion and an invalid one is whether or not it’s accepted mainstream, and that’s a bad way to go.
Also, in a free country, it is generally considered that expressing an opinion which may be detrimental to others is not in itself considered bad. If I say that people over 80 years old should require a yearly driving test, that’s a valid position for me to have and nobody will call me ageist for saying it. If I say that Donald Trump should be arrested rather than elected, that is directly detrimental to a person but it would get me upvotes here. If I said that being Republican is evidence of mental illness, that is directly prejudicial against an entire group which has many different reasons for believing as they do, and it would probably get me upvotes also.
My point is, hate speech as a concept is difficult to define and when you try to ban it with censorship you are just starting down a slippery slope that will have the opposite of the desired effect. You legitimize the counterculture and do nothing to stop the real problem, the actual hatred.
It’s not difficult to define.
It’s about people’s choices.
People can choose to own a gun, choose to want to own a gun, choose to own a whole armoury.
I think owning a gun is stupid. I live in a country that successfully regulates guns.
Saying “I think gun owners are stupid” isn’t hate speech because they have chosen to own a gun.
If I said “gun owners should use their guns in themselves” that becomes hate speech because it’s wishing harm on them.
People choose to be Republicans, trumps choices in life are why he is where he is.
Hate trump because of what he does, not because he has blonde hair.
People don’t choose to be gay, or be trans, or be Jewish, or be black, or be short or whatever.
Which is another way opinions can become hate speech.
If I said “I think gun owners are stupid” that isn’t hate speech.
If I said “I think black people are stupid” that becomes hate speech because it is grouping people by something they have no control over.
How about incitements to violence and outright explicit disinformation/misinformation, like:
For the record, I personally think everything you said is truly repugnant. Although I’d point out the first one I’ve seen applied to Trump voters, frequently, in mainstream discussions on ‘civilized’ platforms, with little or no moderator response. So apparently it’s okay to be prejudiced and discriminatory as long as it’s against someone others don’t like.
That said, my problem is not the banning of these statements. Most platforms quite reasonably would ban such things, and I have no problem with that.
What I have a problem with is the government REQUIRING a platform ban certain speech. I don’t care if it’s the most vile horrible hate filled shit. It should be up to the platform, not the government, to decide what speech is acceptable or not.
Because if government gets to decide what private citizens are allowed to discuss on privately-owned forums, that’s a very slippery slope.
And I still say it’s counterproductive.
In that case, what is the line between “simply” hate speech and actual radicalization to terroristic acts and/or conspiracy to terroristic acts and/or incitement to terroristic acts? At what point does it stop being “someone should [violent act] the [slur]s” and become “I bought a gun and several mags and have been practicing for the [dogwhistle mass violence event], let’s [violent act] the [slur]s”? At what point does it stop being 4chan trolling and become all but admitting intention to commit the Christchurch shooting? A Stormfront discussion forum becoming outright planning for and incitement to a Jan 6th riot?
A better question is where is the line between ‘simply’ a controversial opinion and actual hate speech?
Because if a platform is required by law to ban hate speech, that’s going to sweep up a lot of controversial opinions along with it.
Is it ‘hate speech’ to express any negative opinion about an oppressed group? And if not, where do you draw THAT line?
(if you want an answer to your original question I wrote one out but it’s somewhat long…)