Let's imagine you work at a social media company. You see the comment: "capital punishment should be legal". You don't know anything about the carceral system of the jurisdiction the commenter lives in.

Do you remove the comment for being hate speech, or not?

But the main point is that since the other commenter reached the conclusion that this would be hate speech, and you reached the conclusion that it might be but not necessarily, it follows that the definition he or she proposed is not clear.