Which aspect differentiates Section 4(2) from Section 4(1) regarding hate speech?

The correct concept at the heart of this question emphasizes that Section 4(2) specifically deals with an element of 'threatening behavior,' distinguishing it from Section 4(1). Section 4(1) generally encompasses a broader range of behaviors, potentially including any words or actions intended to incite hatred or violence, without necessarily framing them as threats.

When focusing on 'threatening behavior,' Section 4(2) identifies actions that go beyond mere insulting words or derogatory remarks to include conduct that is overtly aggressive or inflammatory—thus potentially constituting a direct threat to individuals or groups. Therefore, Section 4(2) underscores the severity of actions that could lead to immediate harm, setting it apart from behaviors described in Section 4(1), which might not carry the same level of immediacy or threat.

Understanding this distinction is crucial for comprehending how the laws are structured to address various forms of hate speech, particularly in distinguishing between potentially harmful but not explicitly aggressive speech versus actions that pose a direct risk to safety.