Draft law No. 281 on strengthening measures to combat and prevent online hate speech

Draft Law No. 281 on strengthening measures to combat and prevent online hate speech (4 articles), a parliamentary bill, was introduced on 11 June 2026 and referred to the Legislation Committee.

The text amends Law No. 1.383 of 2 August 2011 on a Digital Principality, as amended (new definitions 52° bis) and 101° bis) in Article 1 and new Articles 3-1 and 3-2) and Law No. 1.299 of 15 July 2005 on freedom of public expression, as amended (amendment to Article 15, new Articles 34-1 and 34-2).

It follows the recommendations of the European Commission against Racism and Intolerance (ECRI) in its report (seventh monitoring cycle) published on 9 June 2026, to strengthen the Monegasque legislative framework to combat hate speech and hate crimes.

SUMMARY

Draft Law No. 281 provides for:

• The creation of a reporting mechanism enabling any person with a legitimate interest to refer a matter to the Minister of State in order to request the initiation of administrative proceedings for the removal of unlawful content.
• The creation of an alternative judicial procedure enabling the President of the Court of First Instance (TPI) to be approached in order to obtain swift measures to halt the dissemination of such content.
• Strengthening the prevention of hate speech through the introduction of provisions relating to preventive measures, public awareness programmes and training for relevant professionals.
• Inclusion in Monegasque law of the concepts of “deepfakes” and “AI systems”: definition; incitement to or glorification of crimes and offences through the use of deepfakes “which are particularly serious due to their capacity to create confusion likely to amplify the dissemination and impact of hate speech.”

* * *

IN DETAIL

Purpose of Draft Law No. 281

Draft Law No. 281 "aims to strengthen the current legal mechanisms for combating hate speech, whilst adapting them to new forms of online content distribution".

The Explanatory Memorandum specifically targets:

• "speech that stigmatises or incites violence against individuals on the grounds of, in particular, their gender, origin, sexual orientation, membership of an ethnic group or a supposed race, or religion’", which, through "its violent nature, threatens the exercise of the rights of the individuals targeted, particularly in the areas of employment, education, healthcare, and private and family life, and undermines their dignity."
  
• "the massive growth of social media, sharing platforms, online public communication services and digital technologies’" the dissemination of digital content "instantly, virally and globally’", "the virality of content, algorithmic mechanisms and the development of automated content generation technologies [which] are now contributing to a considerable increase in the reach and impact of hate speech disseminated online.’

The text aims to supplement the existing Monegasque framework for combating such abuses:

• Law No. 1.299 of 15 July 2005 on freedom of public expression, as amended, prohibits incitement to hatred or violence against persons on grounds such as origin, religion, gender, sexual orientation or disability.
• Law No. 1.383 of 2 August 2011 on a Digital Principality, as amended, grants the Minister of State the power to request the removal of content that undermines the fundamental interests of the Principality, the dignity of individuals or the protection of minors.

Draft Law No. 281 is fully in line with the report (seventh monitoring cycle) of the European Commission against Racism and Intolerance (ECRI), published on 9 June 2026, which calls on the Monegasque authorities, in particular, to strengthen the legislative framework aimed at combating hate speech and hate crimes.

As things stand, the Monegasque framework has two limitations highlighted in the Explanatory Memorandum:

• "he absence of a mechanism enabling any person with a legitimate interest to formally request the Minister of State to initiate proceedings for the removal of hateful content online or to block access to websites from Monaco, as is the case in many European countries."
• “the absence of a dedicated legal procedure to secure the removal of hateful content disseminated electronically. Whilst Monegasque law permits criminal proceedings or civil actions, no specific, rapid mechanism adapted to the constraints of digital content dissemination has hitherto been provided for in this area”, whereas “speed is now a key issue. (...) This situation is all the more worrying given the existence of artificial intelligence technologies that make it possible to distort reality in a highly realistic manner" (deepfakes).

Draft Law No. 281 seeks to reconcile "the guarantees attached to freedom of expression, enshrined in Article 23 of the Constitution, with the protection of human dignity, social cohesion and public order”.

Content of Draft Law No. 281

¤ Amendment to Law No. 1.383 of 2 August 2011 on a Digital Principality, as amended

Article 1. L. 1.383. Insertion of the définitions of "deepfake" ("hypertrucage") and "AI system" :

• 52° bis) "deepfake" : an image or audio or video content generated or manipulated by an AI system, bearing a resemblance to existing persons, objects, places, entities or events and capable of being mistakenly perceived by a person as authentic or true;
• 101° bis) "AI system" : an automated system designed to operate at different levels of autonomy and capable of demonstrating adaptability after deployment, which, for explicit or implicit purposes, infers from the inputs it receives how to generate outputs such as predictions, content, recommendations or decisions that may influence physical or virtual environments.

These definitions are directly inspired by those in Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 on artificial intelligence (AI Act).

New Article 3-1 L. 1.383. Strengthening the effectiveness of removal orders issued by the Minister of State through the creation of a reporting mechanism:

• Any person demonstrating a legitimate interest may refer a matter to the Minister of State with a view to the removal of unlawful content by email to an address designated for this purpose or by submitting a report electronically via a dedicated digital portal.
• The Minister of State shall inform the applicant, within 48 hours of receiving the referral, of his decision regarding the implementation of the content removal procedure provided for in Article 3.
• In the event of a favourable response, the Minister of State shall implement this procedure within 24 hours of communicating his decision to the applicant.
• The procedures for the establishment and operation of the reporting mechanism shall be laid down by sovereign order.

New Article 3-2 L. 1.383. Creation of a subsidiary judicial remedy:

• In the absence of a prior referral to the Minister of State in accordance with Article 3-1, in the absence of a response from the Minister within the prescribed time limit, or in the event of a refusal to initiate the procedure for the removal of content, any person demonstrating an interest in bringing proceedings may apply to the President of the Court of First Instance, sitting in summary proceedings, to issue a reasoned order requiring the persons referred to in Articles 29 (natural or legal persons providing an online public communication service), 31 (persons whose business is to provide access to online public communication services) and 33 (persons whose business is to publish an online public communication service) to take all appropriate measures to remove the disputed content or prevent access to the web addresses of the online public communication services offering such content.
• The measures ordered shall be carried out within the time limit set by the order from the date of notification of the decision. The order is enforceable as soon as it is issued. It shall be notified to the parties without delay.
• Any failure to comply with the obligations set out in this Article shall be punishable by a term of imprisonment of one year and a fine of 75,000 euros.

¤ Amendment to Law No. 1.299 of 15 July 2005 on freedom of public expression, as amended

Modification of Article 15 L. 1299. ExExtension of the scope of offences relating to deepfake:

• The provisions concerning the incitement or glorification of crimes and offences also apply to acts committed
  or carried out by means of deepfake.
  

New Article 34-1 L. 1299. Prevention and awareness-raising:

• Development by the Minister of State of an awareness-raising programme aimed at preventing the spread of hate speech and promoting the responsible use of digital technologies.
• This programme is aimed at: the general public; pupils and students in educational establishments; and organisations working to combat discrimination and assist victims of hate crimes or discriminatory offences.
• The procedures for implementing the programme are laid down by sovereign order.

New Article 34-2 L. 1299. Training for professionals:

• Delivering specific training on the identification, classification and handling of hate speech, particularly in its digital forms, to staff of the Direction de la sûreté publique (police), educational staff in educational establishments, staff of associations providing support to victims of criminal offences, as well as to managers and moderators of digital platforms within the meaning of Articles 29 and 31 of Law No. 1.383 of 2 August 2011 on a Digital Principality, as amended.
• These training courses are regularly updated to take account of developments in digital practices and technologies.

* * *