Hate speech or just bad taste?

I read today that a guy in a nearby town from where I live, is being prosecuted for hate speech for dressing up as Hitler during Halloween. It reminded me of prince Harry of Wales who similarly dressed up in a Nazi costume. He apologized and it was reduced to a matter of “bad taste”.

A number of countries have legislation making public display of such symbols and behavior illegal and a case for prosecution.

Halloween costumes are not seldom provocative being gory or sexual in expression. Should Halloween in particular be exempt? Is there a great difference to if one dresses up as Stalin, Pinochet or Ted Bundy?

There is an inherent conflict between matters of free speech and expression, and laws against hate speech, and sometimes it might be difficult to know where to draw the line.

I am not expressing an opinion in either way.

Do you think dressing up in this way should be a matter of prosecution or is it just bad taste?