المواجهة الجزائية لنشر خطاب الكراهية عبر منصات التواصل الاجتماعي في القانون السعودي /دراسة مقارنة

Abstract

The study examines the concept of hate speech under Saudi law and contemporary legal systems, identifying its various forms on social media platforms and assessing the impact of such practices on communal peace and security amid the rapid evolution of digital platforms and the corresponding need for legal response. The study aims to evaluate the effectiveness of the Saudi legal framework both legislative and criminal in addressing crimes involving manifestations of hate speech. It further seeks to analyze the notion of hate speech, its spread, and its legal implications for societal security. The central problem addressed in the study lies in assessing the extent to which Saudi law provides an effective legal response to hate speech in comparison with other legal systems, as well as examining the comprehensiveness of relevant legal provisions. Employing a scientific research methodology, the study adopts analytical, descriptive, and comparative approaches in examining the substantive and procedural rules governing hate speech crimes. The study reached several key findings, the most prominent of which are: hate speech crimes in Saudi Arabia fall under the provisions of the Anti-Cybercrime Law; social media platforms constitute a fertile environment for the proliferation of hate speech; and there is currently no specialized judicial circuit dedicated to adjudicating cybercrimes—including hate speech offenses. The study concludes with several recommendations, most notably: considering the proposal of an independent law dedicated to regulating hate speech; enhancing international cooperation in legal matters; emphasizing the role of religious, legal, and educational institutions in raising awareness of hate speech practices; and recognizing digital evidence as equivalent to written documentation in evidentiary procedures.