Hate speech in North Macedonia remains a serious challenge, most frequently directed against ethnic communities and members of the LGBTIQ+ community. Political events and electoral processes further increase the likelihood of such content appearing. According to the report of the Helsinki Committee, published in December, the majority of cases of hate speech and disturbing speech were recorded on social media, in the form of comments or posts on personal profiles.
“Through the documentation platforms alone, 230 reported cases of hate speech based on sexual orientation and gender identity were registered. Most of these cases occurred on social media, where a significant spread of homophobic and transphobic speech was observed in the context of events such as Skopje Pride, as well as during the presidential elections. Although at least eight legal proceedings were initiated, including criminal complaints for the dissemination of racist and xenophobic material through computer systems, the institutional response was weak. Some of the complaints were dismissed by the public prosecutor’s offices without reasoning that would reflect the gravity of the offence, while in other cases responses are still pending,” the report states.
In addition to hate speech, cases of direct discrimination and violence have also been documented. One of the most concerning examples was the case of a student in Veles, who was subjected to continuous bullying at school due to a presumed sexual orientation and ethnic background. Meanwhile, the situation remains problematic within the healthcare system as well.
“Furthermore, people living with HIV continue to face discrimination, particularly in the workplace and in healthcare institutions. In several documented cases, patients were forced to present HIV tests or were denied services. The lack of trust in institutions compels many members of the LGBTIQ+ community not to report violations, further deepening their marginalization,” the report continues.
On the other hand, the analytical report on LGBTI rights in North Macedonia 2023–2025, published by the Institute for European Policy (IEP), notes that the legal framework addressing discrimination and hate crimes based on sexual orientation and gender identity is largely consolidated and aligned with European Union acquis and European standards. However, its implementation remains insufficient and requires significant improvements.
“Efforts to promote equality and to sanction hate speech, hate crimes, discrimination, and intolerance must be strengthened. Moreover, politicians should refrain from using discriminatory rhetoric. The Criminal Code does not provide a clear and comprehensive definition of hate speech, leaving law enforcement authorities broad discretion in determining which cases will be investigated and prosecuted. Hate crimes against members of the LGBTI+ community remain underreported, primarily due to fear of retaliation and lack of trust in institutions, while existing legal protections are weakly enforced. Additionally, bias-motivated crimes are not adequately recorded and are not fully investigated by the police and public prosecutors,” the IEP analysis states.
The Institute further adds that hate speech, as a criminal offence under the Criminal Code, is also addressed in the Law on Prevention and Protection against Discrimination, where Article 10 defines harassment as any unwanted conduct toward an individual or group based on discriminatory grounds, with the purpose or effect of violating dignity or creating a threatening, hostile, degrading, or intimidating environment.
“However, the Commission for Prevention and Protection against Discrimination does not handle these cases through criminal proceedings. Its decisions and recommendations, although important, are not legally binding. If a perpetrator fails to comply with a recommendation, a misdemeanour procedure may be initiated before a competent court. This process, however, does not ensure compensation for victims of discrimination. Furthermore, the overlap between hate speech provisions in the Criminal Code and harassment provisions in the anti-discrimination law creates legal ambiguity. This dual system complicates the pursuit of justice, raising concerns related to the principle of res judicata. If a perpetrator is sanctioned in misdemeanour proceedings, they cannot subsequently be criminally prosecuted for the same conduct,” the IEP emphasizes.
To improve the situation regarding hate speech, the Helsinki Committee recommends strengthened moderation on social media, specifically greater engagement by platforms such as Facebook, Instagram, X, and TikTok in removing hate speech content and sanctioning profiles that disseminate it. Legislative amendments aimed at increasing transparency are also recommended, including exploring possibilities that would enable the Commission for Prevention and Protection against Discrimination to access data on individuals responsible for disturbing speech.
