A/HRC/37/77 (c) Recognizes that hate speech negatively affects and diminishes the enjoyment of freedom of expression; (d) Recognizes that particular attention should be paid to women who continue to be the victims of multiple and intersecting forms of discrimination and hate speech; (e) Recognizes that hate speech manifests itself in different forms and that owing to the compound nature of hate speech and hate crime, there continues to be a lack of statistical data, as well as underreporting, on the numbers of victims of hate speech or on the numbers of authors of hate speech; (f) Acknowledges that victims of hate speech and hate crime are not always fully aware of how to assert their rights in administrative, civil or criminal procedures and that a lack of information on their rights prevents victims from reporting hate speech offences; (g) Takes note of general recommendation No. 35 (2013) on combating racist hate speech of the Committee on the Elimination of Racial Discrimination, in particular paragraphs 13–15, which provide guidelines to Member States on the offences punishable by law and the qualification used for dissemination and incitement as offences punishable by law. Contextual factors that should be taken into account are the content and form of hate speech, the economic, social and political climate, the position or status of the speaker and the reach and objectives of the speech; (h) Recognizes the importance of good practices, including legislation and initiatives taken at the national and regional level, in addressing the issue of online hate speech, and in that connection acknowledges the policy of the European Union on combating online hate speech, such as the code of conduct on countering illegal online hate speech signed by Facebook, Twitter, YouTube and Microsoft, as a way to involve IT companies and social media providers in the fight against hate speech; (i) Recognizes the need to promote the use of new information and communication technologies, including the Internet, to contribute to the fight against racism, racial discrimination, xenophobia and related intolerance, as new technologies can assist the promotion of tolerance and respect for human dignity, and the principles of equality, non-discrimination and democracy; (j) Recognizes that a solid legal framework should be combined with combating the root causes of racist hate speech, including stereotypes and prejudices; (k) Acknowledges the importance of educational activities at all levels as a way of combating the root causes of hate speech and the necessity of using counterspeech as a mechanism to combat hate crime. Recommendations 98. The Working Group recommends that Member States: (a) Effectively implement legal sanctions, in accordance with relevant international law, to combat racist and xenophobic hate speech that incites violence or hatred; (b) Ensure that racist and xenophobic hate speech that incites violence or hatred is a criminal offence, which should be brought before an independent court or tribunal; (c) Include measures against racist and xenophobic hate speech in their national human rights plans and programmes, including their national action plans against racism, racial discrimination, xenophobia and related intolerance; (d) Adopt immediate and effective measures, such as public awarenessraising and education programmes, with a view to combating prejudices which lead to hate speech, promoting understanding, tolerance and dialogue among nations and racial, ethnic, religious and other minority groups, and promoting human rights; 18