HATE SPEECH IN DIGITAL SPACE: SPECIFIC FEATURES OF THE INVESTIGATION

Abstract

The article analyzes the specific features of investigating criminal offenses related to the dissemination of hate speech in the digital environment, particularly on social media platforms. It defines hate speech online as public expressions aimed at humiliating human dignity, inciting discrimination, or stirring hatred against individuals or groups based on race, nationality, language, religion, gender, and other characteristics. The article emphasizes that the prevention and counteraction of hate speech and incitement to hatred on social networks is a complex and multifaceted task. Special attention is given to the investigation of such criminal offenses, with the primary goal of bringing perpetrators to justice.Given the digital nature of these offenses, the study highlights the evidentiary challenges, the necessity of employing tools of digital forensics, and the importance of an interdisciplinary approach.The article examines the legal classification of such acts under the Criminal Code of Ukraine and presents examples of judicial practice. Particular focus is placed on the role of forensic examinations – linguistic, psychological, and computer-technical – in establishing the motive of hatred and identifying offenders.It further explores methods of detecting digital traces, collecting evidence, and addressing issues of anonymity and limited access to social media servers.The article also outlines key areas of digital forensics applied in such investigations, including the analysis of mobile devices, cloud storage, messaging applications, social media platforms, geolocation data, and patterns of digital behavior. The author stresses the importance of involving digital analysts and OSINT specialists, whose expertise significantly enhances the detection of offenses within the context of information threats. The article also presents relevant case law of the European Court of Human Rights (ECtHR) concerning the boundaries between freedom of expression and hate speech. Approaches for improving forensic and investigative practices are proposed.