Rethinking Remedies for Hate Speech: The Case for Apologies in Italian and Comparative Law

Abstract

This paper examines private law remedies for hate speech, with a focus on compelled
apologies. After outlining the comparative legal frameworks, it turns to the Italian
context, where anti-discrimination law provides a civil law basis for addressing hate
speech. Through analysis of key Italian case law, the paper argues that monetary com-
pensation alone often fails to redress the symbolic and relational harm inflicted by hate
speech. Apologies, though rare in civil law traditions, may serve as effective tools of
corrective justice by acknowledging harm, restoring victims’ dignity, and reaffirming
societal norms. The paper calls for a greater integration of such remedies into legal
practice as part of a plural and proportionate response to hate speech.