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Discriminatory and hateful speech circulating through the media, social media, and other platforms is becoming a global problem. Incendiary messages that stigmatize or promote racism, xenophobia, and religious intolerance are spreading worldwide and with common patterns. We know that LGBTIQ+ people are one of their targets, but not the only ones. 

In Argentina, in May, the Ombudsman's Office received more than 600 complaints about discriminatory statements broadcast by television host Viviana Canosa on different segments and days of the week. The majority of the complaints received by this agency relate to gender and sexual orientation. Already in March, the Ombudsman's Office had received a record of more than 750 complaints in one week for discriminatory opinions expressed on television programs about transfeminist, gender, and sexual diversity issues.

How and what can be reported to the Public Defender's Office?

“You can report discriminatory discourse at the Public Defender's Office. We're seeing that, on the one hand, people are reporting it more. There's a lot of discourse that violates rights, but on the other hand, audiences are very active and vigilant about preventing it from recurring. And we believe the increased visibility of the Public Defender's Office also has a role to play,” says Alejandra Iriarte, Director of Rights Protection and Legal Affairs at the organization. 

The Ombudsman's Office is concerned about the record number of complaints it received at the beginning of the year regarding gender-based violence and discriminatory speech. This body does not have the authority to sanction those who issue discriminatory messages, as this is the responsibility of ENACOM (the National Communications Agency). However, it offers other types of responses: "We promote remedial measures that may include training, apologies, or guaranteeing a space for people whose rights were violated," explains Iriarte. She adds: "Through this body, we can also foster dialogue with the media outlets that have been reported. We have had fruitful meetings, for example with América."

How to report in one click

What is hate speech? 

Although there is no definitive, agreed-upon definition yet, hate speech is defined as " any type of speech uttered in the public sphere that seeks to promote, incite, or legitimize discrimination, dehumanization, and/or violence against a person or group of people based on their membership in a religious, ethnic, national, political, racial, gender, or any other social identity ." This is how researchers define it in the report " Hate Speech in Argentina ," who have been working on the topic at the National University of San Martín, under the direction of CONICET researcher Ezequiel Ipar.

International organizations have already put them on the agenda. The United Nations clarifies that there is no international legal definition. And speaking of hate speech is at the very least controversial and quite contradictory. Even so, the United Nations describes it as " any form of communication, whether verbal, written, or behavioral , that attacks or uses derogatory or discriminatory language toward a person or group on the basis of who they are. In other words, because of their religion, ethnic origin, nationality, race, color, ancestry, gender, or other identifying factor. In many cases, hate speech is rooted in or generates intolerance and hatred, and in certain contexts, it can be degrading and divisive."

Working group against hate speech

Various measures are currently underway to curb discourse that violates rights. One of these is a working group promoted by Buenos Aires City legislator Victoria Montenegro. Convened by the Human Rights, Guarantees, and Anti-Discrimination Commission, which she chairs, the first meeting was held in March at the Legislature and brought together various social, political, and cultural organizations, as well as justice and state officials, who are seeking to coordinate new strategies for visibility and addressing the issue.

"Hate exists and must be combated. Human rights are not a thing of the past. It's important to identify some common patterns in these discourses (which can target different groups) and work on effective mechanisms to combat them," said legislator Montenegro. 

Freedom of expression and discrimination

Many of the people who spread hate speech claim to be protected by the right to freedom of expression. Several organizations have already spoken out on this matter. “The right to freedom of expression is not an absolute right and is subject to limitations. On the one hand, the American Convention establishes that freedom of expression may be limited to the extent necessary to guarantee certain public interests or the rights of others,” says the Special Rapporteur for Freedom of Expression.

Therefore, any "hate speech" directed against people based on their gender identity, sexual orientation, or body diversity, that involves inciting violence or "any other similar illegal action," falls under this provision for the agencies. 

What is the relationship between discriminatory discourse and violence?

The Inter-American Commission on Human Rights states that it has received information indicating that violence against lesbian, gay, bisexual, trans, and intersex (LGBTI) persons is reinforced by the dissemination of "hate speech" directed at this community in various contexts. This includes public debates and the rejection of events organized by LGBTI people (e.g., Pride Marches), as well as through the media and on the internet. "While this phenomenon needs to be studied in greater depth, evidence shows that when crimes against LGBTI persons occur, they are often preceded by a context of heightened dehumanization and discrimination," says the IACHR in what is considered the most comprehensive report to date on the situation of LGBT* persons in Latin America : Violence against LGBT Persons.