Evaluation of hate speech on social media within the scope of freedom of expression

This study examines hate speech on social media within the framework of freedom of expression. While freedom of expression is one of the fundamental rights of democratic societies, its scope, limits, and implementation have been transformed by the acceleration of digitalization. Social media has expanded the sphere of freedom by enabling multidirectional communication and rapid access to information; however, it has simultaneously provided a powerful ground for the dissemination of hate speech. In this context, the study first addresses the concepts of freedom of expression, hate speech, and social media, and then analyzes national and international legal frameworks as well as the case law of the European Court of Human Rights (ECtHR). The research employs a literature review and an analysis of the relevant legislation, focusing on judicial decisions of both Turkish courts and the ECtHR concerning freedom of expression in the context of social media. Additionally, statistical data on Turkish court rulings regarding social media expression have been utilized. The main purpose of the study is to evaluate how hate speech on social media is assessed within the limits of freedom of expression, to identify deficiencies in the legal framework, and to discuss the balance between freedom of expression and hate speech in the digital age. Findings reveal that the ECtHR maintains its fundamental approach of protecting freedom of expression, yet excludes hate speech based on racism, antisemitism, and discrimination from protection on the grounds that such expressions are incompatible with the core values of a democratic society. In Turkey, judicial rulings on social media demonstrate attempts to strike a delicate balance between freedom of expression and public order; however, disproportionate restrictions and inconsistencies in practice have also been observed. In conclusion, ensuring a balance between the protection of freedom of expression and the prevention of hate speech in the digital environment is vital both for safeguarding individual rights and for maintaining social peace. Accordingly, it is argued that national and international legal systems should be updated in line with the realities of the digital age, social media companies' responsibilities should be strengthened, judicial oversight should be made more transparent, and digital literacy among society should be promoted.