hate speech is determined so by the recipient, who is effectively the victim. a statement isn't hate speech objectively and it cannot be - subjective interpretation is required to make it hate speech.
same goes for disabilites in legislation - only the person ("disabled") can determine their disability, nobody else.
same goes for other terms, such as 'suspicious' and 'offensive'
"he is suspicious" technically makes no sense because he must be suspicious of something. the correct way is "I am suspicious of him."
"what she said was offensive." is trying to change something subjective into something objective by using the word as a lone adjective. Instead this makes more sense: "I was offended by what she said."
example:
I am in a field, looking north. I shout "f**k you, ugly c**t!" - you know, just releasing some pent-up anger in what I believe to be an empty field.
a woman stands south of me, and I don't know she is there.
was what I said offensive? or was the woman offended by it?
another:
a baby cries.
I say "that baby's crying is annoying."
but is the crying annoying? or am I annoyed by the crying.
is the baby trying to annoy me? no; it's a baby; and I'm the one annoyed by its crying.
