In view of the signals received for dissemination of hate speech, promotion of violence against women and potential income concealment through online platforms, filed by a Bulgarian citizen to the Commission for Protection against Discrimination (CPD), concerning content disseminated from a public profile in the Internet space on platforms such as TikTok, YouTube, Facebook, Patreon, Telegram and Instagram, we find it appropriate to state our principled position on this and similar cases. In this regard, we declare that the CPD functions as an independent human rights institution charged with the fight against racism and intolerance in Bulgaria, and that in order to achieve the tasks set out in the Law on Protection against Discrimination (LPDiskr.), the implementation of specialised administrative proceedings is envisaged.
A fundamental principle enshrined in the Constitution of the Republic of Bulgaria, the Convention on Human Rights and the EU Charter of Fundamental Rights is the right to freedom of expression. However, this right is not absolute and does not mean uncritical and arbitrary use of the wide platform of social networks, but brings with it limitations, especially in cases where the rights of others are violated. It is essential not to cross the invisible line between harsh speech and hate speech. It is necessary to prevent hostile speech, the dissemination of which incites, promotes or justifies hatred based on intolerance and constitutes a clear threat to the dignity of specific individuals and entire social groups.
Human rights and their protection constitute one of the most significant issues for democratic societies and the rule of law. Therefore, it is particularly important that people, as part of this society, realise that they are responsible for guaranteeing human rights by their actions and words.
The Protection from Discrimination Act protects all individuals within the country from discrimination. Discrimination, harassment and hate speech are directly and necessarily contrary to democratic principles and can undermine the fundamental values of democratic states and constitutional traditions.
We declare that the Commission for Protection against Discrimination categorically does not tolerate the use of hate speech, and opposes any form of stereotyping of individuals on the basis of a protected characteristic, and we are determined to fight hate speech. Ad hominem attacks contained in publications, especially on social networks, with offensive and degrading content, directed against individuals or groups of society are inadmissible.
That is why the CPD, guided by the principles of non-discrimination and respect for human dignity, strongly disagrees with the promotion of hatred and violence.
As the OSCE\'s national contact point on hate crimes, the CPD appeals to citizens, institutions, political parties and organisations to uphold high human rights standards for civilised democratic debate and public criticism.
The Commission for Protection against Discrimination calls on the participants in any public discussion, as well as in expressing personal opinions on social networks, to respect democratic norms of communication, the right to opinion, freedom of conscience and freedom of speech. Hate speech is unacceptable in public communication and the escalation of tensions in society must be avoided.
As an independent body specialised in equal treatment, the CPD is ready to continue to contribute to this objective through its daily activities, both independently and in cooperation with other public authorities.
