ABSTRACT
This chapter examines how criminal law addresses online anti-gender hate speech, exploring its limitations and potential as a regulatory tool. Anti-gender hate speech poses significant challenges, as its forms and impacts evolve alongside digital communication. The chapter highlights the fragmented and inconsistent application of criminal law across European and national contexts, with Sweden, Italy, and Spain as case studies.
We discuss how criminal law operates as both a powerful and limited tool for addressing hate speech. While frameworks such as Sweden’s hate crime legislation have expanded to include sexual orientation and transgender identity, gaps remain, particularly regarding gender and sexism. Italy faces resistance to expanding its criminal code, and Spain, despite recent legislative progress, struggles with inconsistent enforcement and barriers to civil remedies.
The chapter underscores the risks of misusing hate speech laws, as well as the importance of a unified European approach. We propose that tackling online anti-gender hate speech requires not only strengthening legal frameworks but also integrating education, platform accountability, and civil society collaboration to ensure meaningful protection and support for victims.
