Slashdot Mirror
Council of Europe Pushes Net Hate-Speech Ban
omnirealm writes: "The N.Y. Times is reporting that the 43-nation Council of Europe is trying to ban racist and hate speech from the Internet by adding a protocol, or side agreement, to its cybercrime convention, which was stamped for ratification on Thursday."
One of the reasons that things like this concern civil libertarians is that its really not a very big step from hate speech to politically unpopular speech. In the United States, jurisprudence is such that many forms of speech and expression, including things both hateful or vulgar, can quite easily also be considered statments of political content, and therefor protected on general principle.
C//
Council of Europe meetings are typically held behind closed doors and are usually attended by civil servants rather than ministers. Legislators sometimes attend but there is no democratic mandate and national parliaments do not consider COE decisions to be binding, in fact they are rarely even reported in the European press.
As a result the decisions made tend to be all things to all people. The decision will require legislation that considers X while also considering ~X.
European Union legislation is very different. EU directives are binding on the member states. But the voting rules are pretty complex and there is some democratic input in the form of the EU parliament. National parliaments still have to vote through the implementation legislation.
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Right now, 300 of you are probably starting to write replies, all in the vein of..
Free speech doesn't end where you disagree with what the other person has to say. You can't muzzle people just because they're evil or stupid. Information wants to be free, even if it'll be misused. etc.
To all of those people - will you please not talk about things you don't understand? It's very easy to talk about freedom of speech whilst being very far away from the real issues, posting comfortably over your DSL link. Right here, right now, teenagers are being seduced into neo-fascist ideological groups every day. In France alone, there are local governments which have started banning books and newspapers that oppose them; Germany saw hundreds of attacks on blacks and non-Germans, with many of them dying in the attacks.
People were burned to death in their sleep.
There's a deep-seated strain of virulent fascism in Europe that's been intermittently expressed in politics and popular culture for most of the 20th century. Hitler and Mussolini didn't come out nowhere - there were fascist governments in many European countries because the authoritarian tradition instilled by the former feudal/royal systems was a fertile breeding ground for fascists.
Sure, Germany and Italy lost the war. That doesn't change the fact that Italy has a Prime Minister with strong ties to the fascist right. That doesn't change the fact that neo-Nazi skinhead groups in Germany are getting more and more support from stupid teeangers every day. Jewish cemeteries are being defaced. Blacks are attacked, asylum seeker homes are burned down.
What's that have to do with freedom of speech? Someone once said that in order to stop the hate, you'd have to kill all the grandmothers. (paraphrasing badly, basically in order to stop having hate passed on through generation)
Hitler's autobiography Mein Kampf (My Struggle) remains banned in Germany. Even though public education in Germany is far better than in the US, with history being one of the most thoroughly-taught subjects, and the Nazi regime being thoroughly exposed as the evil that it was, a small minority will still flock to neo-fascist ideals. They will use everything they can as propaganda material. They will find followers - probably not many, but enough. People are being killed by those 'few' followers. Hate is being spread. A lot of harm has been done to Europe through politics of hate, wars have been started, millions and millions have been killed.
The internet is difficult to regulate. Neo-nazis use it to co-ordinate their activities unchecked, and to spread as much hate-filled material through the net as possible. You can't make accessing it impossible, but you can make accessing it illegal. You can make it illegal to spread false propaganda that's only intended to harm people and cause harm. You have to try.
Most of you haven't lived through the type of hate that's being spread by the hate speech being banned. It's easy to be an armchair critic. It's easy to criticize. Please don't. I know many of you will say that the only way to fight this is by allowing the complete and unfettered flow of information, with public education taking center stage to show the people how wrong all of that hate speech is. Sure. That has been done, for more than half a century now. But a small minority persists, a small minority causing a disproportionate amount of evil.
Yes, we have to be very careful not to let matters escalate too much - after all, who watches the watchment? It's important to note that banning hate speech is an approach that crosses party lines in Europe: in Germany, both the ruling Socialist/Green coalition and the right- and left-wing opposition are strongly in favour of dealing harshly with neo-Nazis.
In closing, hate speech is a genuine problem. There are very, very few solutions to dealing with it, and trying to criminalize its flow is one of the few approaches we have.
Maybe you want to think about that next time you make fun of France banning Yahoo! nazi auctions. A lot of the stuff auctioned off could conceivably be worn by people burning down houses simply because they didn't like the skin colour of the people living in them.
Alex T-B
St Andrews
Once again, this proposition is a type of law that only hurts the innocent. Te real haters out there will continue on with there hateful websites, probably on some foreign server. But you and I (or in this case, innocent European civilians) will have to watch out that they don't accidently click on a link to a site that mentions the word nazi, or else the they'll find the KGB knocking on their door.
This is really like gun laws in the US. Real criminals can get any gun that they want through the black market, but law-abiding citizens have to jump through hoops just to get a gun so that they can protect their own home.
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Sorry the clause in bold above negates the entire document. Rights by definition may not be subject to any law. They exist through providence, divine or not, and therefore are not subject to the whims of a filthy democracy. This is why Canadians have "hate speach" laws in place. Thanks for playing "Who Wants to be a Freeman". Try again.