The Public Law against the propagation of extremist discourses. Challenges to freedom of expression and learning from the European experience

The social networks of the Internet have multiplied the impact in society of discourses of an offensive and hurtful nature, increasing the concern regarding hate speech. The paper asks a series of questions based on the doctrine on the subject and the legal responses, both normative and jurisdictional, that have been adopted by some European countries, such as Germany and Spain, in which a repressive approach is chosen, as well as supranational institutions such as the European Commission and the Council of Europe, which propose alternative measures. Finally, as a relevant aspect, a normative and action approach of the public authorities, national and international, is proposed, which will face the new challenges of extreme discourses from the protection of human rights. It is proposed to give greater emphasis to the objective dimension of freedom of expression, as well as to incorporate content of a prestational nature, from which rights derive to positive actions.