Institute for Migrant Rights

Projects · Research

Government Hate Speech

When those who hold public power vilify a group of people, the law in most places has almost nothing to say. This project asks why, and what the law should do about it.

I · The project

Words spoken with the authority of the state

What government hate speech is, and why the law has so little to say about it.

A minister calls a minority “vermin.” A head of state tells a crowd that a religious community is a fifth column. A governor describes migrants as an invasion. Unless such words cross the narrow line of incitement to imminent violence or genocide, almost no legal system treats them as a wrong. This project calls the phenomenon government hate speech: the use of speech in the political arena, by a person who holds or seeks public power, to vilify, dehumanize, or incite hatred against a group defined by shared traits such as race, ethnicity, religion, nationality, gender, or sexual orientation.

The definition reaches the ministerial statement and the official social media account, and also the campaign rally and the party broadcast, because politicians and parties are the vehicles through which state power is sought and used. It does not reach criticism of policies, ideas, or the conduct of individuals.

The project’s working paper, Words of the Sovereign: The Philosophical Foundations of Government Hate Speech as a Crime, argues that the law’s silence is no accident. It traces it to three assumptions in modern legal thought: that words, unlike acts, cause no real harm; that the state needs an unfettered province of action and is restrained only for the benefit of individual citizens; and that law is an exercise of pure reason, detached from emotion and narrative. In their place the paper proposes that the state is a speaker, that it can do wrong by speaking, and that official words are acts of authority. Government hate speech is an abuse of public power, and its harm comes from the authority of the speaker, not only from the content of the words.

The paper draws its evidence deliberately from Asia, Africa, Latin America, Europe, and North America, and ends by sketching the elements of a distinct crime, the institutional answers to the problem of a state asked to prosecute itself, and replies to the strongest objections.

Working paper in draft (2026). It develops an earlier working paper, “A Case for Government Hate Speech.”

II · Statistics

A rising tide

Figures from national monitoring projects, cross-national indices and peer-reviewed studies.

No global dataset measures government hate speech as such. The figures below come from national monitoring projects, cross-national indices, and peer-reviewed studies, and are indicators rather than a single measure.

1,318

hate speech events against religious minorities recorded in India in 2025, up from 668 in 2023

India Hate Lab

40%

of India’s 2024 events were delivered by politicians, 452 of them by leaders of the governing party

India Hate Lab

186 of 198

countries and territories where governments harassed religious groups in 2022

Pew Research Center

≈51,000

perpetrators of the 1994 Rwandan genocide, about 10% of the violence, attributed to RTLM radio broadcasts

Yanagizawa-Drott

Recorded hate speech events in India

In-person events targeting religious minorities, all speakers

202320242025
Source: India Hate Lab, Center for the Study of Organized Hate (2025, 2026).

Who delivered India’s 2024 events

1,165 events split by type of speaker

Politicians · 462Other speakers · 703

Most frequent speakers who held office

Source: India Hate Lab. The 2025 report gives no breakdown by type of speaker.
Show the figures as a table
IndicatorValueSpeaker measuredSource
India hate speech events, 2023 / 2024 / 2025668 / 1,165 / 1,318All speakersIndia Hate Lab
Events by politicians, 2024462 (452 by governing-party leaders), up from 100 in 2023PoliticiansIndia Hate Lab
Events with dangerous speech, 2024259 (22.2%)All speakersIndia Hate Lab
Events with explicit calls for violence, 2025308All speakersIndia Hate Lab
Government Restrictions Index, global median1.8 (2007) to 3.0 (2022)Governments as institutionsPew Research Center
Countries with government harassment of religious groups, 2022186 of 198Governments as institutionsPew Research Center
Murders of Indigenous people in Brazil, 2019 / 2020113 / 182; invasions of Indigenous territories up 137%Violence after official rhetoric (head of state)CIMI
Share of Rwandan genocide violence attributed to RTLMAbout 10% (≈51,000 perpetrators)State-aligned broadcasterYanagizawa-Drott

From words to violence

Statistical studies consistently find an effect. In the United States, a head of state’s tweets about Muslims predicted rises in anti-Muslim hate crimes in the following days. In Germany, anti-refugee posts by a populist party predicted violent crimes against refugees. Experiments show that inflammatory speech by a leading candidate emboldens people who already hold prejudices to act on them, especially when other leaders fail to condemn it. The relationship is one of contribution, not sole causation: official words reliably accompany violence, often precede it, and in several documented cases measurably increase it. The paper is open about the limits of this evidence: few studies isolate sitting office-holders, and much of the world collects no relevant data.

III · The record

Official words and communal violence, 1992–2024

Episodes in which official words came before communal violence, 1992 to 2024.

A selection of documented episodes in which hateful speech by officials or state-recognized leaders preceded or accompanied violence against the group targeted.

  1. Serbia · 1992

    A party leader tells a rally in Hrtkovci that the village’s Croats must leave; many do, under threat. He is later convicted of instigating deportation and persecution as crimes against humanity.

  2. Rwanda · 1992

    A senior ruling-party official calls Tutsi “cockroaches” in a speech at Kabaya, two years before the genocide.

  3. Kenya · 2007–08

    A national commission documents ethnic incitement by sitting MPs and candidates around the election. 1,133 people are killed.

  4. South Africa · 2015

    The Zulu king, whose office is state-recognized and funded, tells foreigners to “pack their bags and go home.” Attacks the next month leave at least seven dead and thousands displaced.

  5. Myanmar · 2017

    The armed forces commander describes operations in Rakhine State as finishing “the unfinished job.” More than 700,000 Rohingya flee to Bangladesh.

  6. Indonesia · 2019

    Soldiers and militia call Papuan students in Surabaya “monkeys.” Protests spread to some thirty cities, with riots in Manokwari and Sorong.

  7. India · 2020

    A junior minister leads a campaign crowd chanting that “traitors” should be shot. Riots in north-east Delhi the next month leave 53 dead, most of them Muslim.

  8. Ethiopia · 2021

    During the war in Tigray, the prime minister urges citizens to “bury” Tigrayan forces; the post is removed for inciting violence.

  9. United States · 2024

    False claims by a former president and a senator that Haitian immigrants in Springfield, Ohio, were eating pets are followed within a week by more than thirty bomb threats.

IV · Normative frameworks

Six responses, no strategy

How international, regional and national law respond today, and where each falls short.

The law reaches official speech when it becomes genocidal, and reaches hateful speech when private persons utter it. It does not reach the large territory in between.

ResponseInstrumentsWhat it reachesWhat it leaves out
International criminal lawGenocide Convention art. III(c) and art. IV; Rome Statute art. 25(3)(e); ICTR Akayesu and Nahimana (Media case); IRMCT ŠešeljDirect and public incitement to genocide, including by “constitutionally responsible rulers”; speech forming part of a widespread or systematic attackEverything short of mass atrocity. The ICTR Appeals Chamber declined to hold that hate speech alone amounts to persecution.
Treaty duties of statesICERD art. 4(c); ICCPR art. 20(2)States must not let public authorities promote or incite racial discrimination, and must prohibit advocacy of hatred that incites discrimination, hostility or violenceNo individual liability. ICERD art. 4(c), the only provision aimed at the state as speaker, covers race only. ICCPR art. 20(2) addresses the state as regulator.
Soft lawRabat Plan of Action (2012); UN Strategy and Plan of Action on Hate Speech (2019); PACE Resolution 2275 (2019); CoE CM/Rec(2022)16Urges political leaders to refrain from and condemn hate speech; treats the speaker’s status as a factor; encourages party codes of conductNon-binding; treats criminal law as a “last resort”; relies on parties and parliaments to discipline their own members.
General hate speech offensesCanada Criminal Code s. 319; UK Public Order Act 1986; India BNS s. 196; Indonesia EIT Law art. 28(2); Kenya NCI Act s. 13; South Africa Act 16 of 2023Applies to officials as to anyone elseOfficial status is at most a sentencing or contextual factor; rarely enforced against sitting office-holders.
Electoral lawIndia Representation of the People Act 1951 s. 123(3), (3A); Indonesia Law No. 7 of 2017 art. 280(1)(c)Appeals to religion or enmity, or group insults, by candidates during campaigns; can void an electionOnly campaign speech and only candidates. The rule falls away once the speaker takes office.
Parliamentary and party disciplineParliamentary codes of conduct; party chartersInternal sanctions against membersDepends on the majority’s willingness; legislative privilege shields speech in the chamber.

Constitutional texts

Constitutions that mention hate speech are recent: Brazil (1988), Slovenia (1991), South Africa (1996), Venezuela (1999) and Ecuador (2008). Each uses it to narrow the individual’s freedom of expression or to direct the state to punish others. None treats the state as a possible author of hate speech.

The United States

Private speech is protected unless it is directed to and likely to produce imminent lawless action (Brandenburg). Government speech falls outside the Free Speech Clause altogether (Summum), so it is neither protected nor constrained. Courts have used officials’ hostile words only as evidence that a decision was tainted (Masterpiece Cakeshop), and looked past them in Trump v. Hawaii.

The closest case

In Féret v. Belgium (2009), the European Court of Human Rights upheld ten years’ ineligibility for office against a parliamentarian convicted of incitement. The sentence rested on a general offense; the speaker’s status justified the restriction but was not the foundation of the wrong. In Mugesera (2005), the Supreme Court of Canada upheld a deportation order based on the Kabaya speech.

V · The proposal

Elements of a proposed offense

Actor, conduct, mental element, context, exclusions and consequences of a new offense.

Offered as a starting point for doctrinal development, not as a finished statutory text.

Actor

Holders of public office at any level, members of the state apparatus, and politicians, including candidates and party members, speaking in an official capacity or in the political arena. The closer to office, the graver the offense.

Conduct

Public expression that, in context, vilifies or dehumanizes a group defined by a protected characteristic, or advocates hatred of it or its exclusion from the political community. No proof of imminent violence or resulting harm is required.

Mental element

Intent to vilify or dehumanize, or knowledge that the expression would be understood that way. Negligent or careless speech falls outside.

Context

Assessed with the Rabat factors: social and political context, the speaker’s position and authority, content and form, reach, and likelihood of contributing to discrimination, hostility, or violence. Imminence is not required.

Exclusions

Good-faith criticism of the policies or conduct of groups or their leaders, statements of fact in the course of official duties, and genuine public debate on immigration, security, or religious policy that does not vilify a group as such.

Consequences

Graduated penalties, with disqualification from public office at their center. Custodial sentences are reserved for the most serious and persistent cases.

The enforcement paradox

A crime of government hate speech names the state as perpetrator while depending on the state to enforce it, and international law, which does not rest on coercive power, compounds the problem rather than solving it. The paper argues that the answer lies in institutional design and in the expressive force of law: law persuades as well as compels.

VI · Testing the argument

What the data says, claim by claim

Each claim of the working paper set against cross-country data, with the test you can run yourself and the evidence still to gather.

The figures below are computed live from the country data in the explorer. They show association across countries, not cause, and some point against the argument as well as for it.

Evidence still to gather

These sources would test the claims the cross-country data cannot reach. If you work with any of them and want to collaborate, get in touch.

  • Is the link causal? Re-run the event studies in the replication files of Yanagizawa-Drott (RTLM radio), Müller and Schwarz (social media) and Edwards and Rushin (hate crimes), with data up to 2025.
  • Who is prosecuted? Code the cases in Columbia’s Global Freedom of Expression database and the European Court of Human Rights’ HUDOC by whether the speaker was an official, a politician or a critic of the government.
  • Does hate pay? Match Manifesto Project and Global Party Survey positions on minorities to election results.
  • Harm short of violence. Track minorities’ sense of belonging and public tolerance (EU-MIDIS, World Values Survey, Afrobarometer) in years when officials speak against them.
  • Before and after, district by district. Indonesia’s SNPK violence data (1997–2014) and India’s riot records allow speech-by-speech checks below the national level.

VII · Explore the data

Do your own analysis

Episodes, court decisions, statistics, a framework comparison, a statement test and downloads.

Filter the documented episodes and court decisions, compare the legal responses against the criteria that matter to you, test a statement against the proposed offense, and download the data.

YearCountryRegionSpeakerWhat was saidWhat followedLegal follow-up

Speaker categories follow the working paper: Office-holder or state agent is the core of the definition, Politician or candidate the outer ring, and State-recognized authority lies at its edge.

Report an incident

Heard an official spread hate?

Tell us when an official or politician speaks against a group. You can stay anonymous.

Tell us when a minister, official, police officer, judge or politician speaks against people because of their religion, ethnicity, caste, nationality or migration status. We check each report and add confirmed incidents to the record. You do not have to give your name.

If someone is in danger now, contact local emergency services first. To take a case to a UN or regional body, use the Legal Clinic.

Partners

Working with

Cornell Farmworker Legal Assistance Clinic

Cornell Law School · Ithaca, New York

For researchers

This project is built for empirical legal scholarship and socio-legal research on migration and the rights of migrant workers, as well as for advocacy.

The coded variables support statistical analysis in law: cross-national comparison, regression and event-history designs, and law and economics questions such as how recruitment fees, wage protection and limits on changing employer affect migrant workers. The data can be downloaded for replication.

Keywords: hate speech; officials and politicians; criminal law; freedom of expression; impunity; empirical legal studies; empirical legal scholarship; quantitative legal research; statistical analysis in law; law and economics; law and economics of migration; comparative law; socio-legal studies; legal pluralism; migration law; labor migration; migrant workers’ rights; human rights law; access to justice; Global South; Asia; Africa; Middle East; Latin America; Indonesia; open data; replication data.