Long-Term Effects of Applying Regulation on Agitation Against a Population Group
Long-Term
Effects of Applying Regulation on Agitation Against a Population Group
An
analytical research report on communication behaviour, societal well-being, and
institutional trust
Research
report
26 March 2026
Abstract
This report examines how the application of
regulation concerning agitation against a population group may affect
individual communication behaviour, societal well-being, and institutional
trust over the long term. The analysis uses Finland as the primary legal
reference point because the research prompt refers to the Finnish offence of
agitation against a population group, but it evaluates the question through a
broader comparative and theoretical lens. The report distinguishes between the
existence of the law, prosecutorial and judicial application, administrative
interpretation, and wider signal effects in public discourse. It also separates
normative questions about whether such regulation is justified from empirical
questions about what effects it is likely to produce. Methodologically, the
report is a structured analytical review of Finnish legal sources, government
and EU reports, and selected peer-reviewed research on hate speech, online
harassment, self-censorship, police trust, and platform governance. The central
finding is that effects are heterogeneous and conditional rather than uniform.
The strongest evidence supports two propositions: first, exposure to hate
speech and harassment can reduce participation, increase stress, and degrade
the perceived quality of public debate; second, fair and intelligible
enforcement can strengthen minorities’ sense that the state takes their
security seriously. However, the evidence is much weaker for strong long-term
causal claims that legal enforcement alone improves social cohesion or
institutional trust at the aggregate level. The same intervention can reduce
intimidation for some groups while increasing perceived censorship or
selective-enforcement concerns for others. Long-run outcomes depend especially
on legal clarity, procedural fairness, consistency, proportionality,
communication by authorities, and interaction with platform moderation and
broader political polarization. The report concludes that the application of
this regulation is best understood as a trade-off shaping several partially
competing goods rather than a single welfare-maximising instrument.
Keywords: hate speech regulation; agitation
against a population group; self-censorship; institutional trust; social
cohesion; Finland
Table of Contents
1. Introduction
2. Theoretical Background and Previous
Research
3. Method
4. Results
5. Discussion
6. Conclusion
References
1. Introduction
This report analyses the following
question: how does the application of regulation concerning agitation against a
population group affect individual communication behaviour, societal
well-being, and institutional trust over the long term? The question is
empirically difficult because the relevant outcomes are multi-causal, unfold
over different time horizons, and are affected by both formal legal action and
broader public interpretation of that action.
The analysis therefore narrows the problem
in four ways. First, it uses the Finnish offence of agitation against a
population group as the legal anchor, because the phrase in the research prompt
corresponds to the offence defined in Chapter 11, section 10 of the Finnish
Criminal Code (Criminal Code of Finland, 1889/2022 translation). Second, it
treats "application" as a layered phenomenon that includes legal
existence, investigation, prosecution, court decisions, administrative
interpretation, and public signal effects. Third, it distinguishes empirical
effects from normative claims about whether restrictions on speech are
justified. Fourth, it treats long-term effects as probabilistic and conditional
rather than deterministic.
The basic empirical problem is not whether
hate speech can be harmful. There is substantial evidence that hateful and
hostile expression can damage targets’ mental well-being, narrow participation,
and impair the quality of public debate (European Parliament, 2020; Saha et
al., 2019). The harder question is whether the application of criminal
regulation improves outcomes net of its own costs and, if so, under what
conditions. This report argues that no single answer is defensible. The likely
effects differ by group, by enforcement style, by political context, and by the
interaction between state law and platform governance.
The report is organised as follows. Chapter
2 defines the main concepts and surfaces the key assumptions embedded in the
research question. Chapter 3 explains the analytical method and the basis for
assessing evidential strength. Chapter 4 presents the main analysis, with
separate attention to communication behaviour, societal well-being, trust, time
horizons, and causal uncertainty. Chapter 5 discusses alternative explanations
and evidential limitations. Chapter 6 states the main conclusions and open questions.
2. Theoretical Background and Previous Research
2.1 Core concepts
In Finnish law, agitation against a
population group refers to making available to the public, disseminating, or
keeping available a message in which a group is threatened, defamed, or
insulted on grounds such as race, colour, descent, national or ethnic origin,
religion or belief, sexual orientation, disability, or another comparable
basis. Aggravated agitation against a population group covers more serious
cases involving exhortation or enticement to grave violence or international
core crimes in circumstances that clearly endanger public order and security
(Criminal Code of Finland, 1889/2022 translation).
For the purposes of this report, the
application of regulation does not mean only the statute’s presence on the
books. It includes at least five analytically distinct layers: (1) formal legal
existence, (2) police recording and investigation practices, (3) prosecution
thresholds and charging decisions, (4) judicial interpretation and sentencing,
and (5) signal effects produced when the public observes enforcement or
non-enforcement. These layers can move in different directions. A state can
have a broad statute but weak enforcement, or active enforcement but poor
public understanding.
Communication behaviour refers here to
changes in what people say, where they say it, how directly they say it, and
whether they speak at all. This includes self-censorship, norm internalisation,
strategic adaptation of wording, migration to closed channels, counterspeech,
and confrontational escalation. Societal well-being is treated as a
multidimensional construct rather than a single metric. Relevant dimensions
include personal and group security, minority protection, freedom of expression
as experienced by citizens, quality of public debate, social cohesion, and
conflict risk. Institutional trust is disaggregated into trust in police,
courts, legislators, and media, because the same legal development may increase
trust in one institution while reducing it in another.
2.2 Assumptions embedded in the research question
The research question contains several
implicit assumptions that should not be accepted without examination. First, it
may suggest that applying the regulation is a unified phenomenon. It is not.
The content of police decisions, prosecutorial strategy, court reasoning, and
public messaging may diverge substantially. Second, it may imply that changes
in communication behaviour are directly caused by legal enforcement. In
practice, communication is also shaped by platform moderation, reputational
sanctions, employer policies, media norms, and partisan conflict (Dubois &
Reepschlager, 2024).
Third, the question might imply that
societal well-being can be assessed on a single common scale. That is
analytically misleading. Reducing intimidation of minorities and increasing
perceived legal risk for borderline speakers can occur simultaneously. Fourth,
institutional trust is unlikely to react uniformly across population groups.
Members of targeted minorities, activists, journalists, politically marginal
groups, and highly online subcultures may interpret the same enforcement event
differently. Fifth, long-term effects are hard to isolate from broader changes
such as digital platform design, shifts in elite rhetoric, geopolitical shocks,
and long-run polarization.
A final assumption worth surfacing is that
the main trade-off is simply between equality and freedom of expression.
Empirically, the picture is more complex. Weak enforcement can also suppress
speech by intimidating targets and observers. Conversely, overbroad or opaque
enforcement can chill lawful speech outside the law’s intended scope, a
mechanism often described as a chilling effect (Simpson, 2024). Thus, both
under-enforcement and over-enforcement can reduce the practical freedom to
participate in public discourse.
2.3 Previous research relevant to the problem
The literature most relevant to the present
question does not usually estimate the long-term causal effect of one specific
hate speech offence. Instead, it provides evidence on adjacent mechanisms.
Research on exposure to hateful speech indicates harms to psychological
well-being and community climate. In a large study of online U.S. college
communities, exposure to hateful speech was associated with greater stress
expression, with stronger effects among individuals with lower psychological
endurance (Saha et al., 2019). Although the setting differs from national
criminal law, it supports the broader proposition that hate expression can
impose measurable social costs.
Research on public-facing professions shows
that harassment can narrow participation. A Finnish study of academics,
politicians, and media professionals found substantial exposure to work-related
online harassment and linked harassment characteristics and weak workplace
support to self-censorship (Celuch et al., 2023). Finnish government reporting
also indicates that hate speech aimed at decision-makers reduces participation
in public debate and can discourage seeking or retaining positions of trust (Ministry
of the Interior, 2019; Ministry of the Interior, 2024). These findings are
important because they show that the practical speech environment is shaped not
only by state restrictions but also by intimidation from other citizens.
Research on policing and trust suggests
that discriminatory or unfair treatment can reduce trust in police and courts,
especially among minority groups. A recent German study found that perceived
police discrimination was linked to stronger mistrust in police and, partly,
courts among some ethnic minority adolescents (Kogan et al., 2024). This does
not directly test hate speech enforcement, but it is highly relevant to the
present problem because application of the law is mediated through police and
prosecutorial institutions. If those institutions are perceived as biased or
inconsistent, the legitimacy benefits of the law may be undermined.
Finally, a growing literature on platform
governance shows that the online speech environment has changed independently
of criminal law. Policies governing harassment and hate speech on Facebook,
Twitter/X, and Reddit became more complex over time, while responsibility for
enforcement expanded from users alone to a mixture of users, platforms,
technologies, and external actors (Dubois & Reepschlager, 2024). This is
crucial for causal analysis, because a measurable change in public speech after
an enforcement episode may partly reflect platform policy shifts rather than
state law alone.
3. Method
3.1 Research design and material
This report is a structured analytical
review rather than an original causal impact study. The material consists of
four source types: (1) Finnish legal texts defining the offence of agitation
against a population group; (2) official Finnish, EU, OECD, and Council of
Europe reports and webpages on hate speech, hate crime, freedom of expression,
and institutional responses; (3) selected peer-reviewed studies on online hate,
self-censorship, police trust, and related behavioural mechanisms; and (4)
comparative conceptual literature on chilling effects and platform governance.
The material was selected for direct
relevance to the research question’s mechanisms: behavioural adaptation,
well-being impacts, trust effects, and causal attribution problems. The
analysis prioritised official and peer-reviewed sources over advocacy documents
where possible, although some institutional reports were included because they
contain policy-relevant descriptive evidence not available elsewhere.
3.2 Delimitation
The report does not attempt to determine
whether the regulation is morally or constitutionally justified in the
abstract. That is a normative question. Instead, the focus is empirical: what
kinds of effects are plausible, which are supported by evidence, and under what
conditions. The report also does not claim to identify a single average
treatment effect of the Finnish offence itself. Available evidence is not
strong enough for that. The long-term horizon is treated analytically, but not
as a claim that the observed literature can isolate decade-long causal effects
with high precision.
The analysis is limited to effects relevant
to communication behaviour, societal well-being, and institutional trust. It
therefore touches criminal law, public discourse, democratic participation, and
social cohesion, but it does not attempt a full doctrinal analysis of Finnish
constitutional or European human rights law. Legal materials are used mainly to
define the regulatory object and its plausible implementation pathways.
3.3 Analytical procedure
The analytical procedure had five steps.
First, the report separated the law’s existence from its application. Second,
it mapped potential mechanisms linking application to outcomes. Third, it
assessed evidence for each mechanism. Fourth, it identified competing
explanations that could generate similar observations. Fifth, it classified
claims into three categories: observation, interpretation, and speculation. In
this report, observation means a claim grounded directly in the cited source
material; interpretation means a reasoned inference drawn from multiple
sources; speculation means a plausible but weakly evidenced possibility.
3.4 Reliability and validity
Reliability is strengthened by
triangulation across legal sources, official reports, and peer-reviewed
research. However, validity remains limited in three important ways. First,
several studies concern online harassment or hate speech more broadly rather
than the Finnish offence specifically. Second, much of the evidence is
observational, descriptive, or survey-based, which restricts causal inference.
Third, institutions and platforms co-regulate public discourse, making
attribution difficult. Accordingly, strong claims are reserved for mechanisms
that are repeatedly supported across source types, while long-term aggregate
claims are treated more cautiously.
4. Results
4.1 What counts as application of the regulation?
Observed evidence: Finnish law criminalises
agitation against a population group and aggravated forms of that offence
(Criminal Code of Finland, 1889/2022 translation). Official Finnish material
also treats hate speech and hate crime as linked but not identical phenomena,
noting that some hate speech is criminal only when the statutory elements of an
offence are satisfied (Ministry of the Interior, 2024).
Interpretation: for empirical analysis, the
most important form of application is not bare legal existence but credible,
intelligible, and visible enforcement. A dormant statute will likely have
weaker behavioural and trust effects than consistent investigation, reasoned
prosecution, and publicly understandable case law. Public signal effects also
matter. Highly publicised prosecutions or acquittals may affect behaviour even
among people who never directly interact with police or courts.
Speculation kept in bounds: the salience of
application may sometimes matter more than the frequency of application. A few
prominent cases can reshape perceived risk and social norms, but the magnitude
and persistence of that effect remain uncertain.
4.2 Mechanisms affecting communication behaviour
4.2.1 Self-censorship
Observed evidence: studies of online
harassment in Finland indicate substantial self-censorship among public-facing
professional groups. Celuch et al. (2023) found that harassment characteristics
and weaker social support were associated with self-censorship among Finnish
academics, politicians, and media professionals. Government reporting in
Finland similarly states that hate speech reduces participation in public
debate and that many decision-makers considered leaving politics after exposure
to such hostility (Ministry of the Interior, 2019; Ministry of the Interior,
2024).
Interpretation: application of the
regulation can reduce some forms of self-censorship by signalling that
intimidation has legal consequences. This is the anti-chilling mechanism for
targets and bystanders. At the same time, it can create legal-risk-based
self-censorship among speakers who are uncertain about the boundary between
robust criticism and punishable agitation. Whether the net effect is more or
less public participation depends on which chilling process is stronger in the
relevant speech environment.
What would strengthen the claim? Panel data
showing that groups previously deterred by harassment became more willing to
participate after credible enforcement. What would weaken it? Evidence that
participation declined broadly across lawful political speech after ambiguous
enforcement events. What remains open is the comparative magnitude of these two
effects in Finland over a long period.
4.2.2 Norm internalisation
Observed evidence: institutional and
European policy documents repeatedly frame hate speech as damaging to dignity,
equality, social peace, and democratic debate (Council of Europe, 2023;
European Parliament, 2020).
Interpretation: repeated, procedurally
legitimate application of the law may gradually shift norms by signalling that
certain forms of dehumanising or threatening expression are outside acceptable
democratic contestation. This is not merely deterrence. It is a social learning
mechanism whereby law helps stabilise a norm against publicly degrading
targeted groups.
Uncertainty: norm internalisation is
plausible but difficult to isolate empirically. A decline in overtly hateful
speech may reflect true norm change, strategic concealment, or migration to
other venues. Therefore, observed decreases in public expressions should not be
interpreted automatically as deeper moral internalisation.
4.2.3 Strategic adaptation and coded speech
Interpretation grounded in comparative
research: when direct hostile expression becomes more legally risky, actors may
shift toward euphemism, insinuation, humour, symbolism, or coded language. This
does not require strong evidence unique to Finland; it follows from basic
strategic behaviour under sanctions. The mechanism is especially likely in
digital environments where users rapidly learn platform and legal boundaries.
However, the present source base supports this mainly as a theoretical
inference rather than a well-identified Finnish long-run effect.
A related possibility is selective
moderation arbitrage: actors adapt content to avoid both criminal liability and
platform enforcement while preserving out-group hostility. This interpretation
is made more plausible by research showing that platform hate speech policies
changed over time and became more complex (Dubois & Reepschlager, 2024).
4.2.4 Polarization and movement to closed channels
Interpretation: enforcement can have
polarising effects when it is framed by some actors as evidence of elite
repression or double standards. In such cases, sanctioning may strengthen group
identity among committed offenders and push communication into encrypted,
pseudonymous, or fringe channels. The evidence base for this mechanism in the
present review is modest, but the causal logic is strong enough to take
seriously.
Observed evidence relevant to plausibility:
platform governance and online hostility demonstrably shape where and how
people engage. Research on social media hostility indicates that exposure can
prompt avoidance, curation of one’s discursive environment, blocking, and
selective engagement rather than simple silence (Matthes et al., 2025). This
suggests that behavioural adaptation to hostile or regulated environments often
takes the form of relocation and filtering, not only reduced speech.
4.3 Effects on societal well-being
4.3.1 Security and minority protection
Observed evidence: official European and
Finnish materials consistently describe hate speech and hate crime as threats
to dignity, equality, public peace, and the security of targeted communities
(European Parliament, 2020; Ministry of the Interior, 2024). The Ministry of
the Interior reports that suspected hate crimes in Finland continued to grow in
2023 and that only a small share of offences are reported to police, indicating
both continuing exposure and measurement limits (Ministry of the Interior, 2024).
Interpretation: where enforcement is
credible and procedurally fair, application of the regulation can increase
minority protection by reducing impunity, signalling public recognition of
harm, and supporting reporting behaviour. The logic here is strengthened by the
broader finding that law-enforcement responsiveness can encourage hate crime
reporting (European Union Agency for Fundamental Rights [FRA], 2021).
Important limitation: official growth in
recorded incidents does not by itself show worsening underlying prevalence. It
may also reflect improved reporting, changes in classification, or shifting
police practices. Therefore, safety and victimisation should not be inferred
directly from recorded offence counts.
4.3.2 Quality of public debate and experienced freedom of
expression
Observed evidence: Finnish official sources
and studies on online harassment indicate that hostile speech can reduce
willingness to participate in public debate and can distort who remains visible
in that debate (Celuch et al., 2023; Ministry of the Interior, 2019; Ministry
of the Interior, 2024). European Parliament (2020) similarly argues that hate
speech erodes social cohesion and blocks rational public debate.
Interpretation: if the law is applied
narrowly and predictably against serious group-directed threats, defamation,
and degrading incitement, it may improve deliberative quality by raising the
cost of intimidation. However, if its boundaries are communicated poorly or
applied inconsistently, some citizens may experience a reduction in expressive
freedom even where their intended speech would be lawful. Thus, "freedom
of expression" is not one variable moving in one direction. Targets may
feel freer while borderline speakers feel less secure.
4.3.3 Social cohesion and conflict risk
Interpretation: long-run social cohesion
can improve when enforcement communicates equal membership in the political
community and reduces public degradation of protected groups. Yet cohesion can
deteriorate if large segments of the population view enforcement as partisan,
selective, or symbolic rather than principled. In that scenario, the law may
still protect vulnerable groups while simultaneously increasing resentment and
perceived distance from institutions among others.
Evidential status: the proposition that
hate speech harms cohesion is strongly supported at a general level by policy
and comparative literature (European Parliament, 2020; Wardle, 2024). The
proposition that the application of one specific criminal offence improves
cohesion in the long run is only moderately supported and remains highly
context dependent.
4.4 Effects on institutional trust
Institutional trust should be
disaggregated. Different institutions encounter different legitimacy tests, and
different social groups interpret the same enforcement actions through
different prior experiences.
4.4.1 Trust in police and courts
Observed evidence: research in Germany
shows that perceived police discrimination is associated with stronger distrust
in police and, partly, courts among some ethnic minority adolescents (Kogan et
al., 2024). FRA (2021) emphasises that victims’ willingness to report hate
incidents depends heavily on how law enforcement and other authorities respond.
Interpretation: application of the
regulation can increase trust in police and courts when minority communities
perceive that authorities are willing and able to protect them consistently and
respectfully. The same application can decrease trust if victims perceive
indifference, under-classification, or dismissive treatment, or if other groups
perceive politicised or selective enforcement. Thus, trust depends less on
punitive severity alone than on procedural justice, transparency, and
consistency.
4.4.2 Trust in legislators and the media
Interpretation: trust in legislators is
likely to increase among citizens who view the law as a credible defence of
equal citizenship, and decrease among those who see it as vague, overbroad, or
politically instrumental. Trust in media may also move in opposite directions.
Coverage that explains court reasoning carefully may increase perceived
legitimacy; coverage framed as moral spectacle may intensify distrust and
polarisation.
Evidential status: these propositions are
plausible and consistent with broader research on public trust and political
communication, but the present evidence base does not support precise long-run
effect sizes for Finland.
4.5 Conditions under which application is likely to help
or harm
Application is more likely to increase
well-being and trust when at least five conditions are met: legal boundaries
are relatively clear; enforcement is consistent across ideological camps;
police and prosecutors communicate decisions intelligibly; procedures are
perceived as fair and proportionate; and enforcement is embedded in a wider
strategy that includes victim support, reporting channels, and non-criminal
responses where appropriate. Under these conditions, the law is more likely to
deter intimidation without producing large spillovers into lawful speech.
Application is more likely to reduce
well-being or trust when the opposite conditions obtain: vague standards,
highly visible inconsistency, politicised rhetoric around prosecutions, weak
procedural fairness, and poor institutional communication. Under those
conditions, enforcement may still punish some harmful conduct, but its
legitimacy effects deteriorate. The result can be a divided trust pattern: more
trust among some targeted groups, less among groups that perceive the state as
censorial or selective.
4.6 Short-term versus long-term effects
Short-term effects are likely to be easier
to observe. A prosecution, police statement, or major judgment can immediately
change perceived legal risk, attract media attention, and alter speech in
visible forums. These changes may include rapid deletion, euphemistic
reformulation, counterspeech, strategic silence, and migration to smaller
communities.
Long-term effects are harder to identify
because they depend on repeated interaction between law, institutions, norms,
and technology. Over time, three trajectories are possible. First, beneficial
consolidation: a stable norm emerges against dehumanising public attacks on
groups, participation among targeted groups improves, and trust grows because
enforcement is seen as fair. Second, superficial suppression: overt speech
declines in mainstream venues, but hostility persists in coded or closed
settings without broader trust gains. Third, backlash: enforcement becomes a
symbol of partisan domination, feeding grievance and lowering trust among
significant audiences. Current evidence does not justify assuming one
trajectory in general.
4.7 Which claims are empirical, theoretical, or uncertain?
Relatively well supported empirically are
the following claims: hate speech and harassment can impose psychological and
participatory costs; public-facing professionals may self-censor in response to
harassment; hate crime reporting depends in part on institutional
responsiveness; and discriminatory policing is associated with mistrust in
police and courts (Celuch et al., 2023; FRA, 2021; Kogan et al., 2024; Saha et
al., 2019).
Supported mainly at the level of reasoned
interpretation are these claims: credible enforcement can reassure minorities
and improve the effective conditions for speech; legal regulation can help
internalise norms against dehumanising expression; and platform governance
changes can confound measured effects of criminal law. These are well grounded,
but not identified as clean long-run causal estimates for Finland.
More uncertain are claims that the
application of the offence has a durable aggregate effect on national social
cohesion, that it unambiguously increases trust across the population, or that
it predictably reduces extremist mobilisation in the long run. Those claims may
be true in some contexts, but the available evidence here is insufficient for
confident generalisation.
5. Discussion
5.1 Alternative explanations and opposing viewpoints
Changes attributed to the application of
the regulation may in fact arise from other processes. One major alternative
explanation is platform moderation. Social media companies have repeatedly
revised their harassment and hate speech policies, changing both what is
removed and what remains visible (Dubois & Reepschlager, 2024). A second
alternative explanation is the wider political climate. Finnish official
sources themselves connect hate speech with broader political polarisation and
adversarial politics (Ministry of the Interior, 2019; Ministry of the Interior,
2024). A third is media culture: sensationalist coverage may amplify extreme
cases and shape risk perceptions independently of actual legal practice. A
fourth is changes in reporting and classification. Rising recorded incidents
may reflect better recognition by authorities or greater victim willingness to
report, not necessarily more underlying hostility.
An important opposing viewpoint holds that
criminal regulation of hate speech is especially likely to generate chilling
effects, strategic vagueness, and selective enforcement concerns. This concern
is not baseless. The conceptual literature on chilling effects shows that legal
restrictions can deter lawful speech outside their intended scope when people
lack confidence about where the boundary lies (Simpson, 2024). In addition,
OSCE material warns that loosely formulated or selectively applied hate speech provisions
may chill freedom of expression and freedom of religion or belief (OSCE, 2024).
However, the opposing viewpoint also risks
a one-sided baseline. It can treat the absence of enforcement as neutral, when
in practice under-enforcement may leave targets and observers feeling unsafe,
unsupported, or excluded from meaningful participation. The practical
comparison is therefore rarely between "speech restriction" and
"free speech" in the abstract. It is more often between different
distributions of silence, fear, and social cost across groups.
5.2 Strength of evidence
Strong evidence: legal definitions of the
offence; descriptive official statistics and reporting patterns; repeated
findings that hate speech and online harassment can impose psychological,
participatory, and deliberative harms; and evidence linking discriminatory
policing experiences to mistrust in police and courts. These claims rest on
legal texts, official reports, and peer-reviewed studies that converge on the
same mechanisms.
Moderate evidence: claims that fair and
visible enforcement can support reporting, minority protection, and
institutional legitimacy; claims that the law can shape social norms over time;
and claims that platform governance materially affects the speech environment.
These are plausible and supported, but often through indirect evidence or
adjacent literatures rather than direct long-term causal identification of the
Finnish offence.
Weak evidence: broad claims about aggregate
national welfare effects over the long term; claims that enforcement has a
stable directional effect on polarisation; and claims that one can neatly
separate legal effects from parallel technological and cultural changes. These
remain open because the causal environment is too entangled and the
longitudinal evidence too limited.
5.3 Main limitations
The main limitation is causal inference.
The sources support mechanism-based reasoning better than they support precise
causal estimation. Another limitation is transferability. Some evidence comes
from Finland, some from broader European policy work, and some from other
countries or occupational settings. This broadens analytical relevance but
reduces jurisdiction-specific precision. A third limitation is measurement.
Self-censorship, norm internalisation, and migration to closed channels are
difficult to observe directly. Recorded offences and prosecutions capture only
a subset of the underlying phenomenon.
6. Conclusion
The most defensible conclusion is
conditional. The application of regulation concerning agitation against a
population group can, under some conditions, improve the effective speech
environment for targeted groups, strengthen minority protection, and support
trust in police and courts by signalling that severe group-directed
intimidation is taken seriously. Yet these benefits are not automatic and
should not be assumed merely from the law’s existence. They depend on clarity,
consistency, proportionality, procedural fairness, and credible communication
by authorities.
The same regulatory application can also
generate costs. It can produce legal-risk-based self-censorship, contribute to
perceptions of selective enforcement, and push some communication into coded or
closed channels. These costs are especially likely when legal boundaries are
opaque or enforcement is experienced as politicised. Consequently, long-term
effects on societal well-being and institutional trust are unlikely to be
uniform. They may be beneficial for some groups and harmful for others at the
same time.
Empirically, the strongest claims concern
mechanisms rather than total net outcomes. Harassment and hate speech can
narrow participation and degrade public debate; responsive and fair
institutions can matter for trust and reporting; discriminatory institutional
practice can undermine legitimacy. What remains insufficiently established is
the size and durability of the specific long-run contribution made by applying
this offence, as distinct from platform moderation, political climate, media
culture, and wider polarisation.
Further research should therefore
prioritise longitudinal designs that combine legal events, survey data on
perceived speech freedom and trust, platform-level changes, and differentiated
group responses. Especially valuable would be panel studies examining whether
visible enforcement increases participation among targeted minorities while
also testing whether lawful speakers perceive a broader chilling effect.
Without such evidence, strong one-directional claims about the law’s long-term
aggregate effects remain unjustified.
References
Celuch, M., Oksa, R., Ellonen, N., &
Oksanen, A. (2023). Self-censorship among online harassment targets: The role
of support at work, harassment characteristics, and the target’s public
visibility. Information, Communication & Society. https://doi.org/10.1080/1369118X.2023.2289978
Council of Europe, European Court of Human
Rights. (2023). Hate speech (Fact sheet).
Criminal Code of Finland. (1889/2022
translation). Chapter 11, sections 10 and 10a. Ministry of Justice, Finland,
unofficial English translation updated to amendments up to 433/2021.
Dubois, E., & Reepschlager, A. (2024).
How harassment and hate speech policies have changed over time: Comparing
Facebook, Twitter and Reddit (2005–2020). Policy & Internet, 16(3),
523–542. https://doi.org/10.1002/poi3.387
European Parliament, Policy Department for
Citizens’ Rights and Constitutional Affairs. (2020). Hate speech and hate crime
in the EU and the evaluation of online content regulation approaches.
European Union Agency for Fundamental
Rights. (2021). Encouraging hate crime reporting: The role of law enforcement
and other authorities.
Kogan, I., Weißmann, M., & Dollmann, J.
(2024). Police discrimination and police distrust among ethnic minority
adolescents in Germany. Frontiers in Sociology, 9, 1231774.
https://doi.org/10.3389/fsoc.2024.1231774
Matthes, J., Atamimi, N., Khoirunnisa, I.
A., & Arif, A. (2025). Discursive consequences of social media hostility:
Chilling effects, avoidance, and intervention behaviors of emerging adults in
the U.S. and Indonesia. Computers in Human Behavior.
Ministry of Finance. (2021). Citizens’
panel on the freedom of expression: Recommendations for measures to be taken in
Finland to protect people in public professions from hate speech and to
safeguard free expression of opinion.
Ministry of the Interior. (2019). Study:
Hate speech deters decision-makers from participating in public debate.
Ministry of the Interior. (2024). Hate
crime.
Organisation for Security and Co-operation
in Europe. (2024). Hate crime prosecution at the intersection of freedom of
expression and freedom of religion or belief.
Organisation for Economic Co-operation and
Development. (2021). Civic space scan of Finland.
Saha, K., Chandrasekharan, E., & De
Choudhury, M. (2019). Prevalence and psychological effects of hateful speech in
online college communities. In Proceedings of the ACM Web Science Conference
2019 (pp. 255–264). https://doi.org/10.1145/3292522.3326032
Wardle, C. (2024). A conceptual analysis of
the overlaps and differences between hate speech, misinformation and
disinformation. United Nations Department of Peace Operations and Department of
Political and Peacebuilding Affairs.
Kommentit
Lähetä kommentti