For one thing, this definition eschews a common standard. Rather, violations are based on arbitrary criteria of "dominance" - which is popular with certain ideologues but has very little support in showing that this is actually a good metaphor for understanding our society. Anyway, in practice (and probably in your mind), this definition would entail grouping people by their skin color and labeling one group as extra susceptible for violating YOUR hate speech code and another group being completely exempt.