In the article "An attempt of different interpretation of Article 297 CC-1", the author suggests, that the current interpretation of this legal provision in practice is obsolete and inappropriate for the modern life circumstances. In summarizing the case-law of the ECtHR, the author then presents the arguments for a modern, wider interpretation of this offense from the theoretical and practical viewpoint, so that this legal provision could be understood in an alternative way, by assessing the potential (rather than the concrete) threat to secured legal goods, and by allowing persons against whom the offense is committed, the recognized position of the victims.
F.30 Professional assessment of the situationCOBISS.SI-ID: 16326993
Andrej Motl and Neža Kogovšek Šalamun, PhD, participated at the event on the subject of freedom of speech and hate speech, hosted by the Slovenian president Borut Pahor at the Presidential palace in Ljubljana on December 13th 2018. With the intention of exchanging expert opinions regarding current regulation of this field and understanding appropriate distinction between freedom of speech and hate speech, the president invited 16 experts from various fields to the event. Andrej Motl from University of Ljubljana - Faculty of Social Sciences mainly focused on challenges related to the legal position that was adopted by The Office of the State Prosecutor General in 2013. He noted that due to very strict criteria for criminal prosecution, many very problematic cases of hate speech are not being addressed. And as one of the problems, he also pointed out that the directions of the prosecutor's office somewhat extend to the social understanding of hate speech. In her contribution, Neža Kogovšek Šalamun, PhD, focused on the issue of absence of criminal prosecution in the worst forms of public incitement of hate speech, violence or intolerance, on the problem of state prosecution playing the role of a ''goalkeeper'' and on the absence of legal remedy in the case of dismissed charges. She noted that all this results in complete absence of judiciary's answers to the problem.
F.18 Transfer of new know-how to direct users (seminars, fora, conferences)
Because prepaid services are on the rise, the author in the article "Is the preservation of traffic data of the users of prepaid services legal?" disputes about whether there is a satisfactory legal basis in Slovenia for storing traffic data of users of those services. The author concludes that the storage of traffic data of users of prepaid services is generally not allowed due to inadequate legal regulation, which prevents the authorities from investigating and prosecuting perpetrators of criminal acts of public incitement to hatred, violence or intolerance under Article 297 of the CC-1.
F.30 Professional assessment of the situationCOBISS.SI-ID: 16238929