Criminal law approaches to combatting sexist hate speech in Spain

Resumen

This article examines the concept of sexist hate speech, analysing its legal regulation and judicial enforcement within the Spanish legal framework while situating it in the broader international and European context. It highlights the evolving interpretation of hate speech offenses following the 2015 reform of the Spanish Penal Code, which incorporated gender as a protected category under Article 510. Nevertheless, judicial case law continues to reflect ambiguities in the distinction between “sex” and “gender”, resulting in inconsistent legal interpretations and outcomes. The study explores the tensions between freedom of expression and the need to combat gender-based discrimination, addressing how courts have struggled to delineate the threshold between offensive speech and unlawful hate speech. By analysing landmark judicial cases, the article identifies shifts in the conceptualization of sexist hate speech, particularly in relation to the digital sphere and intersectionality. The growing influence of online platforms in the dissemination of gendered hate speech is examined, along with the implications of the European Union’s Digital Services Act and other regulatory measures. The article concludes by proposing strategies to strengthen the legal framework while safeguarding fundamental rights, emphasizing the need for a comprehensive approach that integrates legal, educational, and technological measures to effectively address the structural and intersectional nature of sexist hate speech.

Keywords: hate speech, freedom of expression, symbolic violence, gender-based discrimination.