The problem....
....here is that "hate speech" is pretty much what you (or actually some bunch of professional goalpost movers) say it is this week. A thoughtcrime defined by newspik if ever there was one.
Rather amusingly: "'....but also to those that offend, shock or disturb the State or any sector of the population'.” would seem to put the ECHR firmly at odds with the bien pensant wankers of the racism industry[1] on this one. It almost seems like they're adding "missing" Human Right #1, free speech, to the EU's list of trivia that they're supposed to abide by.
[1] There's pots of money to be made by lawyers, journos, politicians and anyone who can wangle a compo claim. What else is it?