What is the difference between hate speech, hate crime and discrimination?
Punishable hate speech, hate crimes and discrimination are the three components of anti-discrimination legislation. Here, we summarise the terminology, explain the differences in sentencing and give you some examples.
Hate speech: a criminal offence, exceeding the freedom of expression
Punishable hate speech concerns the freedom of expression and information. This freedom can be restricted - under certain conditions - because of harm to a person, group or society as a whole. Hate speech is a criminal offence.
Example: Court of appeal Antwerp, 15 September 2022 (available only in French and Dutch).
A woman, supporting far-right movements, repeatedly posted hateful memes and videos on various social media platforms. She also posted negationist messages on these social media platforms. The woman was sentenced for inciting hatred or violence towards a group (Anti-racism Act) and denial of the Holocaust (Negationism Act) to six months' imprisonment and a fine of €320, both with a three-year suspended sentence. Probation conditions were attached to the suspended sentence, including a mandatory visit to Kazerne Dossin.
Hate crime: a crime based on a hate motive
A hate crime involves a crime where the offender acted based on a motive of hate (also called discriminatory motive or reprehensible motive). This includes hatred, disdain or hostility towards the victim because of a protected characteristic (age, skin colour, disability, etc.). The punishment must or can be more severe.
Example: Court of appeal Liège, 14 February 2023 (available only in French and Dutch).
A 15-year-old boy had a relationship with a girl of Chechen origin. He was severely beaten u by three Chechen men. They stated that in their culture it was not allowed to speak to a girl unless one intended to marry her. The appeal court confirmed that there was a hate motive. The victim was not of Chechen origin and, according to the defendants, was not allowed to have a relationship with a girl of Chechen origin. The defendants thus acted out of hatred, disdain or hostility towards the victim because of his origin. Their sentences were increased, due to the presence of the hate motive
Discrimination: unequal treatment based on personal characteristics
Discrimination involves treating someone differently on the basis of one or more protected characteristics (age, disability, nationality, religion, etc.), in a particular sector of public life to which the anti-discrimination legislation applies, without being able to justify such difference in treatment.
Legislators prefer a civil law approach to discrimination. This means that the victim can appeal to a court to stop the discrimination (cessation claim) and can, among other things, seek (financial) damages.
Example: Court of appeal Liège, 16 June 2020 (available only in French and Dutch).
A zoo did not allow dogs and refused someone with an assistance dog. There was indirect discrimination on the basis of disability. The animal park was ordered to end its discriminatory policy (with a penalty of €5,000 for each identified discrimination).
In some cases, discrimination can also be prosecuted under criminal law. These include, for example, discrimination based on racial characteristics in employment and in the sector of goods and services and discrimination by civil servants.
Example: Court of appeal Ghent, 6 January 2022 (available only in French and Dutch).
A man applied for a position of ambulance driver and faced an internal notice that clearly stated "no foreigners". The manager responsible was criminally sentenced to pay an effective fine of €4,000.
Report discrimination
Do you feel you have experienced or witnessed discrimination? Report it online or call the toll-free number 0800 12 800 on weekdays between 9.30 a.m. and 1 p.m.
More about
What is a hate crime?
A hate crime is a crime with hate as the motive. The offender acts out of hatred, disdain or hostility against a person because of a protected characteristic such as disability, religion, skin colour, sexual orientation, etc. A hate motive can also be referred to as a discriminatory motive or reprehensible motive.
What is hate speech?
Press offence
In Belgium, everyone has the right to express their opinions. That right is protected by the freedom of speech and press freedom. But there are limitations to these rights: in certain cases, expressing an opinion can be a criminal offence.