Incomplete Criminal Hate Speech Provision

This provision criminalizes hate speech that incites genocide or aggravated violence, but suffers from critical drafting defects that violate legal certainty. The sanction reference is incomplete ("section [] of this Act"), and the definition of "aggravated violence" cuts off mid-sentence ("motivated by"). When combined with the broad "control over communication" standard in 39—which extends liability to anyone who can "substantially dictate how content should be framed" or "remove content without recourse to the original author"—this creates criminal liability for editors, platform moderators, and publishers based on editorial judgment. The following provision grants the Division (headed by a President-appointed Director) initial adjudicatory power to evaluate whether speech incites violence using subjective criteria like "tone" and "purpose" (41). While criminalizing incitement to violence aligns with international standards, the incomplete drafting and broad secondary liability create legal uncertainty that chills legitimate editorial judgment and platform moderation.