Source: European Parliament
Freedom of expression is a fundamental right and a cherished value. There is, however, a line drawn by fundamental rights law: it must not be exploited to incite hatred and violence.
Hate speech represents a systemic risk for democracy and fundamental rights, and a threat to the common values of respect for human dignity, freedom, democracy and equality enshrined in the Treaty on European Union[1].
Freedom of expression is protected by Article 11 of the Charter of Fundamental Rights of the EU[2] (‘the Charter’) and the Commission is committed to ensuring its respect within the remit of its competences. According to its Article 51(1), the Charter applies to Member States when they are implementing EU law.
The Commission firmly believes that the protection of children and the safeguarding of the fundamental rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people are not mutually exclusive.
The Commission remains fully committed to addressing inequality and discrimination, as outlined in our LGBTIQ Equality Strategy 2020-2025[3].
As announced in the Commission President’s Political Guidelines[4] and in the 2025 Commission Work Programme[5], the LGBTIQ Equality Strategy will be renewed beyond 2025.
Where EU law does not apply, Member States remain bound to respect fundamental rights under their national legislation and international human rights obligations, and where applicable, to investigate and prosecute instances of hate speech. The Commission does not comment on ongoing investigations at national level.
- [1] Treaty of the European Union, OJ C 202, 7.6.2016, p. 1-388.
- [2] Charter of Fundamental Rights of the European Union, OJ C 326, 26.10.2012, p. 391-407.
- [3] Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM/2020/698 final.
- [4] https://commission.europa.eu/document/download/e6cd4328-673c-4e7a-8683-f63ffb2cf648_en?filename=Political%20Guidelines%202024-2029_EN.pdf.
- [5] https://commission.europa.eu/document/download/7617998c-86e6-4a74-b33c-249e8a7938cd_en?filename=COM_2025_45_1_annexes_EN.pdf.