Montenegro’s Ministry of Justice plans to introduce a new criminal offense—aggravated hate speech—into the Criminal Code, which would carry a prison sentence ranging from three months to three years, Minister of Justice Bojan Božović announced.
Božović and Minister of Culture and Media Tamara Vujović are currently being heard by the Parliamentary Committee on Gender Equality on the topic: Cyber Violence Against Women in Politics.
In his opening remarks, Božović stated that the rise of cyber violence, hate speech on social media, and the abuse of freedom of expression has resulted in a situation where virtually every female MP or public figure has been subjected to some form of misogyny, insults, or hate speech.
“Institutions must respond more forcefully to this reality,” Božović said, emphasizing that institutions have often been powerless in the face of such issues.
He acknowledged that public figures are expected to endure a higher level of scrutiny and criticism, but noted that the situation has reached a point where criticism is frequently distorted into vulgar abuse, often by anonymous individuals hiding behind fake names and profiles.
According to Božović, the Ministry of Justice has already taken certain steps to strengthen the role of the judiciary within the criminal justice framework, particularly in protecting those targeted by hate speech.
“The Ministry of Justice, prompted by court practices, recent rulings, and recommendations from international bodies, is planning to introduce aggravated hate speech as a new criminal offense under the Criminal Code,” Božović stated.
He explained that under the new Draft Criminal Code, aggravated hate speech would be defined as hate speech directed at individuals or groups based on their national or ethnic origin, race, religion, citizenship, gender, language, skin color, education, social status, sexual orientation, gender identity, disability, political or other beliefs, or any other personal characteristic.
Božović noted that this new offense would distinguish itself from the current Article 370 of the Criminal Code, which criminalizes inciting ethnic, racial, or religious hatred.
“Under the current provision, only those who incite hatred are prosecuted. With the new offense, we will be able to prosecute anyone who publicly expresses hate,” he explained.
He added that jurisdiction over this offense would fall under the Basic State Prosecutor’s Office and the Basic Court, which he said would streamline and accelerate proceedings.
If the proposal is adopted, Božović said, the new offense would carry a sentence of three months to three years in prison.
“We believe it’s time to put an end to so-called keyboard warriors on social media and to send a clear and appropriate institutional response,” Božović concluded.
He added that the proposal is still in draft form and is currently being harmonized with the Secretariat for Legislation, after which it will be submitted to the European Commission for review.
Source: Pobjeda