Online Language Crimes and Legal Interpretation

Abstract

Without succumbing to a sort of internet exceptionalism, it is reasonable to speculate that the modern communication environment changes the analytical context of language crimes (such as hate speech, incitement, and various public order offences). This paper samples legal cases from different jurisdictions (including Europe, Hong Kong, the United Kingdom, and the United States) to gauge how the medium of modern communication affects the legal interpretation of these cases. Some of the interpretative problems explored include the boundary between public vs. private speech, and contextual factors that contribute to the determination of intent. I argue that complexities in the modern communication environment have blurred some established legal boundaries in the analysis of language crimes, potentially forcing their reconceptualization.