The 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.
Rethinking Remedies for Hate Speech: The Case for Apologies in Italian and Comparative Law
F. Viglione
2026
Abstract
The 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.
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