Glorification of terrorist acts and protection of freedom of expression in spain: last developments

AutorAndrés Gascón Cuenca
Páginas105-117
GLORIFICATION OF TERRORIST ACTS AND
PROTECTION OF FREEDOM OF EXPRESSION
IN SPAIN: LAST DEVELOPMENTS1
GLORIFICATION OF TERRORIST ACTS AND PROTECTION OF FREEDOM OF...
A G C
Human Rights Institute
University of Valencia
The classical metaphor of the marketplace of ideas as established
by Milton or Mill (Gordon, 1997) has noticeably change since its f‌i rst
theorizing. Nowadays, with the use of new tools and platforms of
communication, people not only debate in a public square in front of a
crowd, but globally with thousands and thousands of possible listeners.
This recent way of communication has shifted the possibilities of
exercising the right to freedom of expression, exploring new ways of
manifesting political disa ection or inconformity with the way policy is
done. However, this communicative scenario has not only been used to
encourage political participation and debate about social matters but also
to distribute the classical ideas of racism and xenophobia. A reality that
has set the use of hateful messages as a weapon of political mobilization
to radicalize the debate, promoting alterity and paradoxically, inciting the
exclusion of certain sectors of the society of the political debate itself.
1. INTRODUCTION
Regulations against hate speech are on a rise, not only to protect
individuals and groups that have been historically discriminated or
subordinated, but also to curtail other expressions and ideas that a ect
sensible areas, like the glorif‌i cation of terrorist acts and its perpetrators,
to protect the rights of the victims and their families. This reality poses
a great challenge for our societies, as these speeches shake important
1 This piece of research is part of the projectŚ Transformaciones de la justicia
(DER2016-78356-P).

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