Lucia Scaffardi, Oltre i confini della libertà di espressione. L'istigazione all'odio razziale, Padova: Cedam, 2009
| Autor | Giuseppe Martinico |
| Páginas | 116-120 |
Sant'Anna School of Advanced Studies
Department of Law
http://stals.sssup.it
ISSN: 1974-5656
Panóptica, Vitória, vol. 6, n. 2 (22), 2011
ISSN 1980-7775
116
SANT'ANNA LEGAL STUDIES
STALS / PANOPTICA BOOK REVIEW
Lucia Scaffardi, Oltre i confini della libertà di espressione. L’istigazione
all’odio razziale, Padova: Cedam, 2009.
Giuseppe Martinico
In the book under review the author deals with the problematic issue of the relationship between the freedom
of expression and the repression of racial hate speech.
The work aims at investigating the possible limitations to be acknowledged to the freedom of expression in
the case of racial hate speech, which is a very sensitive area that has already been analysed by comparative law
and criminal law scholars.
In these pages, after having recalled the structure of the contribution, I will discuss the conclusions reached
by the author.
This book is divided into two parts: in the first part, the author analyses the set of rules disciplining racial hate
speech at the international and national levels, by distinguishing, with regard to the latter, two patterns of
democracy: “militant” and “tolerant” democracies.
After this legal overview Scaffardi moves on to focus on the Italian case, paying particular attention to the
legal provisions in force during the fascist period and then to the relevant criminal provisions adopted later
on: law-decree no. 122/1993 adopted on 26 April 1993 (and converted into law by law no. 205/1993) and
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