No Content Without Context: Regulating Hate Speech on Social Media

Abstract

This paper examines the regulation of hate speech on social media through a compara- tive and context-sensitive lens. It argues that platform moderation policies—dominated by automated tools and content-based assessments—fail to capture the cultural, politi- cal, and historical contexts that shape the meaning and harm of speech. Drawing on em- pirical evidence linking online hate to offline violece, the study contrasts European and US regulatory models, highlighting the risks of both overreach and under-enforcement in context-blind moderation. It proposes a shift toward context-aware governance com- bining algorithmic precision with human expertise, locally grounded decision-making, and alignment with international human rights standards. The paper concludes that meaningful regulation of hate speech requires a pluralistic, evidence-based approach attuned to global diversity and power imbalances.