ABSTRACT
This chapter introduces our theoretical framework based on feminist legal studies and the concept of anti-gender hate speech as a democratic problem. We begin by discussing the relationship between democracy, gender equality, and freedom of expression, framing anti-gender hate speech as both gender-based violence and a restriction of diverse voices in public discourse.
Next, we outline key principles of criminal legal theory, including the harm principle and the concept of public wrongs, to examine how anti-gender hate speech might warrant regulatory intervention. We also present central analytical concepts, such as the continuum of violence and the normalisation of violence, to highlight the systemic nature of anti-gender hate speech.
Finally, the chapter addresses the fragmented perception of anti-gender hate speech in existing regulations and proposes a cohesive framework to understand and critique current legal and political approaches. By framing anti-gender hate speech within this broader perspective, we lay the foundation for analysing its interaction with democratic values and exploring how legal and political responses can be reimagined.
