The Right to Offend and the Right Not to Be Offended Interview with EU Commission Vice President Frattini

ISSUE 18 June 2006

The Right to offend and the right not to be offended Interview with EU Commission Vice President Frattini

A free society needs free speech - Ursula Owen

Freedom of speech and hate speech - Amina Baghajati

How the cartoons row is a challenge to free expression - Aidan White ISSUE 18 June 2006

Contents Welcome to Equal Voices 3 Editorial The team of the EUMC is pleased to welcome all readers to issue 18 of 4 Interview with Commission the magazine Equal Voices. Equal Voices content consists of in-depth Vice President Frattini. articles and features with analysis, new research, surveys, expert input, concepts for successful integration and comments. The opinions expressed 7 Freedom of speech and of- in this publication do not necessarily reflect those of the EUMC. fence: why blasphemy laws are not the appropriate res- To develop the magazine further we would very much welcome your comments, ponse, by Agnes Callamard. your suggestions or proposals for issues to be covered in the magazine. You can contact us on e-mail: [email protected] 13 Journalism and Combating Intolerance: How the Carto- All major articles of the Equal Voices will be available in English, French and ons Row is a Challenge to Free Expression and Quality German on the EUMC-website: http://eumc.europa.eu Media, by Aidan White. The EUMC team 17 A free society needs free speech, by Ursula Owen. Bienvenue dans notre magazine Equal Voices

19 Dangerous diversions: balan- L’équipe de l’EUMC est heureuse d’accueillir tous les lecteurs d’E- cing rights requires an even qual Voices dans les pages du dix-huitième numéro de ce magazine. scale, by ENAR. Equal Voices contient des articles et des éléments de fond ainsi que des analyses, des nouvelles recherches, des enquêtes, des contribu- 22 Punishing Religious Defama- tions de spécialistes et des idées pour une intégration réussie et des commen- tion and Holocaust Denial: Is taires. Les opinions exprimées dans cette publication ne représentent pas néces- There a Double Standard? sairement celles de l’EUMC. by Abraham Cooper and Ha- rold Brackman. Pour nous permettre d’améliorer ce magazine, nous serions heureux de recevoir vos commentaires, vos suggestions ou propositions concernant les sujets que 26 Freedom of speech and hate vous souhaiteriez y voir traiter. speech: Should there be li- Vous pouvez nous contacter par courrier électronique, à l’adresse: mits to freedom of speech or [email protected] not? by Amina Baghajati. Les principaux articles d’Equal Voices sont publiés en anglais, français et alle- 29 Distorted. Inflammatory. The mand sur le site web de l’Observatoire: http://eumc.europa.eu image of African people in the media, by Dieter Schindlauer. L’équipe de l’EUMC

Coverpage photo: Willkommen bei Equal Voices European Community, 2006 Das EUMC-Team begrüßt alle Leser und Leserinnen zu dieser ach- zehnten Ausgabe des Magazins Equal Voices. Der Inhalt von Equal Voices besteht aus Artikeln und Dokumentarberichten mit Analysen, neuen Untersuchungen, Erhebungen, Beiträgen von Experten, Kon- Impressum zepten für eine erfolgreiche Integration und Kommentaren. Die in diesem Magazin Publisher: veröffentlichten Meinungen müssen nicht unbedingt mit denen des EUMC übe- European Monitoring Centre on Ra- reinstimmen. cism and Xenophobia (EUMC) Um das Magazin weiter zu entwickeln, nehmen wir gerne Ihre Kommentare, Anre- A-1060 Vienna, Rahlgasse 3 gungen und Vorschläge zu Fragen entgegen, die in dem Magazin behandelt wer- Tel.: +43 (1) 580 30 - 0 den sollen. Sie können uns per E-Mail erreichen: [email protected] Fax: +43 (1) 580 30 - 93 Email: [email protected] Alle wichtigen Artikel aus Equal Voices werden in englischer ,französischer und Web: http://eumc.europa.eu deutscher Sprache auf der EUMC-Website veröffentlicht: http://eumc.europa.eu Editors: Beate Winkler, Waltraud Etz Das EUMC-Team John Kellock, Andreas Accardo Art work: Luc Schwartz ISSUE 18 June 2006

Editorial

serve as food for thought for the dis- journalists need to be better in- cussions around the EU’s plans in formed about societies that they live this field. in and report on.

The protection from hate speech has This issue of the EUMC’s Magazine to go hand in hand with the enjoy- Equal Voices brings together differ- ment of the right to freedom of ex- ent views on the issue: NGOs, repre- pression – only together, they make sentatives of different religious com- democracy meaningful. In fact, free- munities, and media experts explain dom of expression is a core value in how they think hate speech can be Photo: Copyright Bruckberger all the 25 Member states but has tackled, and how freedom of speech The recent months have seen a never been defined as an absolute should be applied in our societies. heated debate on freedom of speech right in European societies: All EU The EUMC has collected a diverse and hate speech, particularly with re- Member States maintain certain lim- range of views and opinions, some gard to what constitutes racist speech its to freedom of expression, and the of the views are strongly expressed, and Islamophobic expression. How- right to freedom of expression, under some of the views may not be to ever, this topic is not only linked to international law, may be restricted everyone’s taste or liking, but all the current events such as the so-called in order to protect, amongst others, views require considered debate and “cartoon crisis”, but also to the wider the rights of others, or public order. are part of the oil that drives the ma- issue of racist and antisemitic dis- These restrictions are defined and chinery of democracy. The editors course. We therefore have to address enforced by national law and the have therefore decided to leave the key questions such as: “What does Council of Europe’s Human Rights articles basically unedited. We freedom of speech mean, and where Convention. The proposed EU would therefore like to underline that are its limits? What does, in particu- Framework Decision would now ask the views expressed in the articles lar, qualify as hate speech – and how Member States to ensure that public are those of the respective authors can the limits be drawn between the incitement to hatred or public insults and do not necessarily reflect the two?” of individuals or groups for a racist opinion of the EUMC. We hope that or xenophobic purpose are punish- this Magazine can give a substantial From an EUMC perspective, pro- able. and multifaceted input into the dis- tecting people from racist and xeno- cussions on freedom of speech and phobic discourse is a basic principle But beyond legal action against its limits. To conclude, from an of any democratic society. Hate racist discourse we should address EUMC point of view, freedom of speech even undermines free expres- the media to look at the opportunities speech must be guaranteed and sion: hate speech and incitement are to improve its reporting and editorial should be applied as broadly as pos- deliberately intended to cause harm standards, and implement its own sible for a democratic functioning of to people or groups of people. That is codes of conduct. There is much to our societies, but at the same time it why the EUMC strongly supports be gained by the media through must be also be ensured that people the planned EU Framework Deci- working more closely with civil so- are protected from hate speech and sion on Racism and Xenophobia, ciety and faith-based organisations, abuse. Freedom of speech is not an which has been proposed by the Eu- for example, to counter deliberate or end in itself, but a means to a free so- ropean Commission. This edition of inadvertent stereotyping and present ciety. So is respect for diversity – on the Equal Voices coincides with a a more complete and contextualised the basis of human rights. conference on the planned EU picture of the various communities Framework Decision on Racism and living together. There is also the long Beate Winkler Xenophobia, so this magazine shall standing argument that tomorrow’s EUMC Director

The EUMC has a new Web-Address http://eumc.europa.eu ISSUE 18 June 2006

Interview with Commission Vice Presi- dent Franco Frattini - “We must not allow the minority of extremists to win”.

Mr. Vice-president, the past months have seen a heated debate about publishing or not publishing the “Mohammed cartoons” that ini- tially appeared in a Danish newspaper in September 2005. What is your personal conclusion from this debate?

The so-called “cartoons debate” has indeed been a heated one. I would like to believe that its most tense phase is now behind us, and that we can concentrate on the future.

As President Barroso explained before the European Parliament, the debate has raised several wider issues. I think that for each of them, we have drawn some lessons that will hopefully guide us towards deepening mutual understanding and respect.

During the debate, we have recognised that the publication of the cartoons aggrieved many Mus- lims all over the world, and that it is important to respect sensitivi- 2006 ties. We have also been very firm unity, in our condemnation and rejection of violent reactions, and we have noted that they have been the reaction of a minority, disowned by many Muslims. Equally, we have reaffirmed that our European society is based on the respect for the individual person’s life and

freedom, equality of rights be- Photo: Copyright: European Comm tween men and women, freedom Vice President Franco Frattini, European Commissioner responsible of speech, and a clear distinction for Justice, Freedom and Security between politics and religion. We ISSUE 18 June 2006

have said clearly and loudly that Coming now to the specific issue racist and xenophobic behaviour freedom of expression and free- of racism, there are limits to free- and speech. dom of religion are part of Eu- dom of expression that are de- rope’s values and traditions, and fined and enforced by the law and Let’s dispel a myth: there is no that they are not negotiable. contradiction in simultaneously protecting people against racist My conclusion is that the debate speech and making sure that free- has reminded us again that all “There is no dom of expression is and remains these principles must be safe- one of the key pillars upon which guarded. They should constitute a contradiction our societies, and the EU, are commonly shared basis for fur- founded. How to do it precisely ther dialogue between various in simultane- may not be an easy task, and I am communities ensuring they do not the first one to admit that it re- drift apart. Dialogue, including an ously protect- quires careful consideration and interfaith and intercultural dia- in-depth discussion. But I cannot logue, based on tolerance, not ing people agree that protecting people from prejudice, is the way forward. We racist and xenophobic behaviour must not allow the minority of ex- against racist is incompatible with the basic tremists to win. principles of a democratic society. speech and Rather, it should be one of its nat- Does the right to free expression ural consequences! need limits in order to protect peo- making sure ple in a diverse, multicultural soci- Does the European Union need new ety from offence and insult on the that freedom normative rules to outlaw incite- ground of race, ethnic origin, reli- ment to racial hatred? gion or belief? of expression remains one Definitely yes. As a matter of fact, Let me be clear: even if European the EU already has legislation societies become multicultural, of the key pil- dealing with incitement to vio- freedom of speech, as an essential lence and hatred for a racist or part of Europe’s values and tradi- lars upon xenophobic purpose, namely the tions, is simply not negotiable. 1996 Joint Action on combating Governments or other public au- which our so- racism and xenophobia. This in- thorities do not prescribe or au- strument gives Members States thorise the opinions expressed by cieties, and the possibility to choose between individuals. Conversely, the opin- punishing racist and xenophobic ions expressed by individuals en- the EU, are behaviour or derogating to the gage these individuals, and only principle of dual criminality. them. They do not engage a coun- founded.” try, a people, a religion. And we Nevertheless, as the European Par- should not allow others to pretend liament stressed several times, this that they do. At the same time, Joint Action needs to be revised. freedom of speech cuts both the legal systems of the Council When Europe is striving to be- ways: Freedom of speech is the of Europe and the Member States come a common justice area, we basis not only of the possibility to of the European Union. These need EU legislation establishing publish an opinion, but also to limits are set to protect other fun- that the same racist and xenopho- criticise it. All this is an inherent damental rights. In particular, bic behaviour is punished every- trait of our contemporary demo- Member States’ domestic legisla- where in the European Union. We cratic European societies, and we tion already prohibits – albeit to a should give perpetrators a strong have a duty to preserve it. more or less far-reaching extent – signal that there will be no hiding ISSUE 18 June 2006

place within the EU for their activ- same time, bearing in mind that across a wide range of EU poli- ities. To date, Member States have freedom of expression is a hard- cies. And last but certainly not not been able to reach an agree- won conquest that should un- least, the European Union has cre- ment on the proposal, and negotia- doubtedly remain one of the basic ated the EUMC, whose work on tions are unfortunately blocked. I defining traits of European soci- racism and xenophobia will not remain very committed to re- eties, both in law and in practice. be negatively affected by its trans- launching discussions on the pro- The terms of the Commission formation into a Fundamental posed Framework Decision, and I proposal are carefully and pre- Rights Agency. Quite the con- will personally take part in the cisely drafted in order to comply trary, the fight against racism, seminar on the criminal aspects of with the principle of proportional- xenophobia, anti-Semitism and racism and xenophobia that the ity, and thus with the freedom of Islamophobia will remain at the Commission is organising together expression. For instance, the very heart of this new Agency. with the Austrian Presidency and Commission proposal lays down the EUMC in Vienna at the end of that several parameters have to be As regards the media, I personally June 2006. met for a given conduct to qualify think that they have a very impor- as a penal offence under its terms: tant role to play in promoting both What would such a law do for peo- the act must be intentional and it freedom of expression and respect ple in the European Union? Could must constitute an incitement to for each individual’s deepest con- you give a practical example of its violence or hatred. I frankly do victions. I would like to take this benefits? not see how this can be consid- opportunity to clarify again that ered as an undue restriction to there have never been, nor will The main result would be that freedom of speech. there be, any plans to have some there will be no place in the Euro- sort of EU regulation on this, nor pean Union where perpetrators What else can the media do to curb is there any legal basis for doing are free to behave in a racist and racist discourse and to promote in- so. Here again, dialogue between xenophobic manner. This means tegration? Must the media do a bet- all actors concerned (journalists, that whoever publicly incites to ter job at reflecting the diversity of NGOs fighting racism and pro- violence or hatred for a racist or society in programming and also moting integration, faith leaders) xenophobic purpose, included human resources? is the way forward. If the Com- through public dissemination or mission is asked to provide some distribution of tracts, pictures or First, I think that we should not sort of support, I would certainly other material containing expres- see the problems of racism and be willing to do so. sions of racism and xenophobia, xenophobia in the media in isola- would be punished. tion from the general problem of What are the next steps for the racism in the society. Racist and Framework Decision on Racism Some people argue that the pro- xenophobic content in the media, and Xenophobi?. posed Framework Decision would both reflects and fuels existing unduly restrict freedom of expres- racism in the public. Therefore it The next step will be the holding sion. Is the Framework Decision is crucial to develop a general pol- of a seminar in Vienna at the end sacrificing this key European icy against racism and xenopho- of June, which is organised jointly value? Would it nor restrict media bia. This is what the Commission by the Austrian Presidency, the freedom for instance? is doing: putting in place a policy Commission and the EUMC, based on various instruments. whom I take the opportunity to I am convinced that the Commis- These include legislative actions thank for their support. The Con- sion proposal for a Framework when appropriate, for instance, ference will examine the crucial Decision does not unduly restrict legislation proscribing racist and issues of this dossier, and I hope freedom of expression. As I have xenophobic speech altogether, in that it will substantially contribute just indicated, I believe that it is the terms that I just referred to. to its un-blocking. I will do my perfectly possible to ban racist We also endeavour to mainstream best so that discussions are there- and xenophobic speech and at the anti-discrimination principles after taken up in Council. ISSUE 18 June 2006

Freedom of speech and offence: why blasphemy laws are not the appropriate response. By Agnes Callamard

“Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, … … Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their juris- diction”.

The views expressed in this article tended to provide a common frame- last months are core questions: What are those of the author and do not work and understanding across na- are this right’s boundaries? What necessarily reflect the opinion of the tions for preventing the religious, should be the breaking point? Where EUMC. racial, political and sectarian strife is the threshold whose crossing which plagued humanity throughout means the space occupied is no Human rights are the foundation of its history, culminating in the Second longer that of individual freedoms human dignity, freedom, justice and World War. This idea is forcefully but that of criminal behaviour? Is so- peace. Behind each right, there is expressed in the preamble of the called blasphemy such a breaking more often than not a history (and UDHR, cited above, which aspires to point, as many have argued in the too often a present) of oppression. As the advent of a world in which hu- wake of the cartoons’ publication? such, they each play a role in the con- man beings shall enjoy freedom of Or is the boundary crossed only once struction of our common humanity. speech and belief. – as ARTICLE 19 advocates – words But it is their togetherness that makes and pictures can be deemed to incite us all human. The 1948 Universal The first few months of 2006 have their beholder to hatred? Declaration on Human Rights reminded us that few rights generate (UDHR) laid out equal rights for all as much controversy or make for people and three fundamental princi- greater angst than does freedom of 1. The aspiration ples governing human rights: rights expression: the cartoons depicting are universal, meaning that rights ap- the Prophet Mohammed, the prose- ARTICLE 19 considers freedom of ply to everyone whoever or wherever cution of David Irving, the contro- expression as a cornerstone right - that person is; inalienable, in that versy surrounding the Abu Ghraib one that enables other rights to be they precede state authority and are and Basra photos: each does present protected and exercised. The full en- based on peoples’ humanity; and in- very different legal, ethical and his- joyment of the right to freedom of divisible in that all rights are of equal torical issues. But at the heart of the expression is central to achieving importance. The UDHR was also in- debates and attendant violence of the individual freedoms and developing ISSUE 18 June 2006

8 2006 unity, Photo: Copyright: European Comm The full enjoyment of the right to freedom of expression is central to achieving individual freedoms and developing democracy.

democracy and plays a critical role 2. The restrictions sion language: Freedom to manifest in tackling the underlying causes of one’s religion or beliefs may be sub- poverty1. It makes electoral democ- Yet, the right to freedom of expres- ject only to such limitations as are racy meaningful and builds public sion, under international human prescribed by law and are necessary trust in administration. Access to in- rights law, may be restricted in order to protect public safety, order, formation strengthens mechanisms to protect, amongst others, the health, or morals or the fundamen- to hold governments accountable rights of others, and public order, if tal rights and freedoms of others. for their promises, obligations and it is “necessary in a democratic so- actions. It not only increases the ciety” to do so and it is done by law. The European Court establishes a knowledge base and participation This formulation is found in both strict three-part test for the restric- within a society but can also secure the UN Covenant on Civil and Polit- tion of freedom of expression, and external checks on state accounta- ical Rights and in the European for a restriction to be legitimate, all bility, and thus prevent corruption Convention on Human Rights. The three parts of the test must be met: that thrives on secrecy and closed protection of religious rights may environments. Freedom of expres- fall under the ‘rights of others’ that (i) a restriction must indeed pursue sion is also essential to the exercise may be protected. As far as freedom the legitimate aim that it claims of freedom of religion. And con- of religion is concerned, interna- to pursue; versely, if people are not free to tional human rights law imposes re- (ii) the restriction must be imposed manifest their religion, there is no strictions whose wording is also in a democratic framework (so, right to freedom of expression. quite similar to freedom of expres- either by parliament or pursuant ISSUE 18 June 2006

to powers granted by parlia- sions that are hateful – but not by United Kingdom, for example, there ment); and those that are blasphemous or offen- have been only two prosecutions for (iii) the restriction must be “neces- sive. blasphemy since 1923; Norway saw sary in a democratic society”. its last case in 1936 and Denmark in The word “necessary” must be ARTICLE 19 recognises that rea- 1938. Other countries, including taken quite literally and means sonable restrictions on freedom of Sweden and Spain, have repealed that a restriction must not be expression may be necessary or le- their blasphemy laws. In the United merely “useful” or “reason- gitimate to prevent advocacy of ha- States, the Supreme Court stead- able”. tred based on nationality, race, reli- fastly strikes down any legislation gion that constitutes incitement to prohibiting blasphemy, on the fear Exactly what measures States im- discrimination, hostility or violence. that even well-meaning censors pose to restrict freedom of expres- The organisation does not extend would be tempted to favour one reli- sion is up to them, but the main pa- such legitimate restrictions to offen- gion over another, as well as be- rameter is that whatever they do has sive and blasphemous expressions. cause it “is not the business of gov- to be “necessary in a democratic States may, but are not required to, ernment … to suppress real or imag- society”. This really is crucial. introduce legislation on blasphemy. ined attacks upon a particular reli- Several established democracies gious doctrine …”3 In contrast, the International law does impose, how- still have blasphemy provisions on European Court has found blas- ever, one clear positive duty upon phemy laws to be within the param- states: as stated in Article 20(2) of eters of what is “necessary in a dem- the UN Covenant on Civil and Polit- ocratic society”. The main reason ical Rights: “Any advocacy of na- “Under inter- for such ruling is one that calls into tional, racial or religious hatred question the normative courage of that constitutes incitement to dis- national hu- the court, at least as far as this ques- crimination, hostility or violence tion is concerned: it considers State shall be prohibited by law.” This is man rights authorities to be in a better position the only duty that States are under in than the international judge to give the context of restricting freedom of law, the right an opinion on the “necessity” of a expression. “restriction” intended to protect to freedom of from such material those whose deepest feelings and convictions 3. Blasphemy laws expression would be seriously offended.

Fundamental to the protection of hu- may be re- This is where ARTICLE 19 differs man rights are the principles of the with the European Court of Human inherent dignity and equality of all stricted in or- Rights and indeed with many laws human beings and the obligation of der to protect, and practices around the world. Our all Member States of the United Na- position is grounded on human tions to take measures to promote amongst oth- rights, and in particular on the indi- “universal respect for, and obser- visibility of human rights – there vance of, human rights and funda- ers, the rights cannot be a human rights justifica- mental freedoms for all, without dis- tion to the existence and implemen- tinction as to race, sex, language or of others, and tation of blasphemy laws. religion.”2 There is no denial that certain forms of expression can public order.” First, ARTICLE 19 twenty years ex- threaten the dignity of targeted indi- perience the world over has shown viduals and create an environment in that the public good is better served which the enjoyment of equality is by all-encompassing debate, even in not possible. For ARTICLE 19, such the books, although most of these harsh and offensive terms. From a risk may be provoked by expres- are rarely, if ever, used. In the this standpoint, there is no evidence ISSUE 18 June 2006

that these laws are indeed “neces- instance that the right to freedom of throughout the world. In those situa- sary”, but plenty demonstrating the religion does not impose a duty of tions that ARTICLE 19 monitors, opposite. Indeed, lessons from hu- States to enact laws that protect be- blasphemy laws, even when they in man history should dictate opposi- lievers from insult or offence theory at least extend to all beliefs tion to any attempts to stifle offen- (Choudhury v UK)5. In Dubowska and not just to state religion, are sive or blasphemous speeches and & Skup v Poland,6 which concerned used to violate peoples right to free- discoveries. Freedom of expression the publication in a newspaper of a dom of religion – religious minori- is an “empowerment” right: It al- ties are particularly targeted. lows people to demand other rights - the right to health, to food, to a “The appropri- Blasphemy laws are the anti-thesis clean environment, to religion, etc. of human rights. At a normative Curtailing this right on the basis of ate answer to level, they establish a hierarchy of the possible offensive or blasphe- beliefs that betrays the common un- mous nature of an expression cre- hate speech derstanding and intentions of the in- ates too great a risk to all freedoms ternational human rights frame- for human rights gains that remain is not just work. Blasphemy laws are the Ser- to be appropriately defined and jus- vants of Power and the means for tified. Indeed, as international hu- more speech religious persecution; they censor, man rights courts have stressed, the they create a climate of fears, and right to freedom of expression is ap- – but also they stifle artistic creativity, aca- plicable not only to “information” demic research, scholarship and or “ideas” that are favourably re- policies and freedom. They may also lead to im- ceived or regarded as inoffensive or prisonment and death – thus violat- as a matter of indifference, but also actions to ing the most potent human rights of to those that offend, shock or disturb all - the right to mental and physical the State or any sector of the popu- tackle the integrity, and the right to life. lation. Such are the demands of plu- causes of in- ralism, tolerance and broadminded- ness without which there is no equality in all 4. Freedom of expression and ‘democratic society’.”4 the right to equality its forms and Second, there is no actual evidence Unlike blasphemy laws, hate speech that the right to freedom of religion colours.” laws, at least in theory, seek to meet as understood under international an essential human rights objective: standard is better served, or pro- protecting the right to equality, the tected with or through blasphemy picture of Jesus and Mary with a gas right to mental and physical in- laws. Under international human mask over their faces, the authori- tegrity, the right to be free from dis- rights law, freedom of religion, for ties had opened an investigation and crimination, and ultimately the right instance, is not about respecting re- examined all sorts of evidence, but to life, as hate speeches have too of- ligion but about respecting people’s decided not to take any further ac- ten been associated with ethnic right to practice the religion of their tion. The Commission found that cleansing, wars, and genocide. choice. Do offensive statements the publication in question had not From this standpoint, hate speech threaten the ability of adherents to prevented anyone from exercising regulations may constitute a legiti- religions to exercise and express their freedom of religion, and that mate and potentially necessary re- their own beliefs? This is highly the decision not to prosecute anyone striction to freedom of expression. doubtful. In a world where certain did not, in itself, amount to a failure Yet, they cannot constitute the sole beliefs are recognised as more valid to protect the applicants’ rights.7 or indeed central response to preju- than others, what may befall their dices, racism, and discrimination. religion? The European Court of Third, we are also very concerned The appropriate answer to hate Human Rights has clearly ruled for about abuse of blasphemy laws speech is not just more speech – but ISSUE 18 June 2006

also policies and actions to tackle mation and ideas to the public xenophobia and intolerance, to the causes of inequality in all its should be respected, particu- combat intolerance and to ensure forms and colours. larly when they are reporting on open public debate about matters of racism and intolerance; public concern. As far as Public Ser- care should therefore be taken vice Broadcasting is concerned, (i) Carefully designed hate speech to apply the least intrusive and ARTICLE 19 is of the view that regulations restrictive measures, in recogni- they have a legal obligation to play tion of the fact that there are such a function. ARTICLE 19 insists that any so- various available measures called hate speech restriction on some of which exert less of a There are many ways in which me- freedom of expression should be chilling effect on freedom of dia can make a contribution to the carefully designed to promote expression than others; and fight against intolerance, including equality and protect against discrim- any imposition of sanctions by: ination and, as with all such restric- should be in strict conformity tions, should meet the three-part test with the principle of propor- designing and delivering media set out in Article 19 of the ICCPR, tionality, and criminal sanc- training programmes which according to which an interference tions, in particular imprison- promote a better understanding with freedom of expression is only ment, should be applied only as of issues relating to racism and legitimate if: a last resort.8 discrimination, and which fos- Restrictions must be formulated ter a sense of the moral and so- (a) it is provided by law; in a way that makes clear that cial obligations of the media to (b) it pursues a legitimate aim; and its sole purpose is to protect in- promote tolerance and knowl- (c) it is “necessary in a democratic dividuals holding specific be- edge of the practical means by society”. liefs or opinions, whether of a which this may be done; religious nature or not,9 from ensuring that effective ethical Specifically, any restriction should hostility, discrimination or vio- and self-regulatory codes of conform to the following: lence, rather than to protect be- conduct prohibit the use of prej- lief systems, religions, or insti- udicial or derogatory stereo- it should be clearly and nar- tutions as such from criticism. types, and unnecessary refer- rowly defined; The right to freedom of expres- ences to race, religion and re- it should be applied by a body sion implies that it should be lated attributes; which is independent of politi- possible to scrutinise, openly taking measures to ensure that cal, commercial or other unwar- debate, and criticise, even their workforce is diverse and ranted influences, and in a man- harshly and unreasonably,10 be- reasonably representative of so- ner which is neither arbitrary lief systems, opinions, and in- ciety as a whole; nor discriminatory, and which is stitutions, including religious taking care to report factually subject to adequate safeguards ones,11 as long as this does not and in a sensitive manner on against abuse, including the advocate hatred which incites to acts of racism or discrimina- right of access to an independ- hostility, discrimination or vio- tion, while at the same time en- ent court or tribunal; lence against an individual. suring that they are brought to no one should be penalised for the attention of the public; statements which are true; ensuring that reporting in rela- no one should be criminally pe- (ii) Media self-regulation tion to specific communities nalised for the dissemination of promotes a better understanding hate speech unless it has been ARTICLE 19 believes that inde- of difference and at the same shown that they did so with the pendent media organisations, media time reflects the perspectives of intention of inciting discrimina- enterprises and media workers have those communities and gives tion, hostility or violence; a moral and social obligation to members of those communities the right of journalists to decide make a positive contribution to the a chance to be heard; how best to communicate infor- fight against racism, discrimination, ensuring that a number of ISSUE 18 June 2006

voices within communities are first place blasphemy laws, consti- measures. Freedom of expression heard rather than representing tutes a blunt instrument that too of- and freedom of belief have been the communities as a monolithic ten amounts to political expediency hostages, scapegoat, and victims of bloc – communities themselves rather than well thought-through these developments – together. The may practice censorship; strategies to tackle discrimination, world has witnessed increased intol- promoting a culture of tolerance prevent violence and protect the erance to both what is wrongly per- and a better understanding of right to life and the right to equality. ceived as a Western (secular and the evils of racism and discrim- anti-Islam) value and to Islam itself. ination.12 Appropriate and legitimate re- sponses must be grounded on the Conclusion common framework and under- (iii) Equality and anti-discrimina- standing of human rights laid down tion policies The events of the last months, in by the UDHR and other interna- particular with regard to the so- tional instruments – it requires to ARTICLE 19 further believes that called Danish cartoons, have placed move away – more than ever – from an effective response to vilifying freedom of expression at the heart any attempts to protect certain sets expression requires a sustained of a global controversy and accom- of rights without due consideration commitment on the part of govern- panying violence or threat of vio- of others and their impact on others. ments to promote equality of oppor- lence. What these events particu- More than ever, the search must be tunity, to protect and promote lin- larly highlighted is the grave short- to strike the right balance. guistic, ethnic, cultural and reli- coming of leadership at all levels – gious rights, and to implement pub- global, national, community, sec- Dr. Agnes Callamard is Executive lic education programmes about tol- toral – and its propensity to either Director of Article 19. erance and pluralism. Restrictions escalate tensions and highlight divi- http://www.article19.org on freedom of expression, in the sions, or adopt politically expedient

1 Catherine Pitt, Bridging the Human Rights 6 Dubowska & Skup v Poland, 18 April 11 ARTICLE 19 believes that blasphemy as a and Development discourses: Is the Right 1997, Application No. 33490/96 (Euro- criminal offence should be abolished. Tol- to Freedom of Expression of use to Devel- pean Commission of Human Rights). erance, understanding, acceptance and opment?, dissertation, MSc in the faculty 7 Id., para. 2. respect for the diversity of faiths and be- of Economics, LSE, London, 2005. 8 This list draws on the 2001 Joint State- liefs cannot be secured by the threat of 2 Article 55(c) of the Charter of the United ment of the specialised mandates on free- criminal prosecution and punishment. This Nations. See also Article 55 of the Charter. dom of expression. is becoming ever more relevant as our so- 3 Joseph Burstyn, Inc v. Wilson, 343 U.S. 9 Religion as used here is to be understood cieties become more and more diverse. 495, 504-05 (1952). broadly and does not depend on formal 12 This list is based on the 2001 Joint State- 4 Handyside v. United Kingdom, 7 Decem- State recognition. ment on Racism and Media by the UN ber 1976, Application No. 5493/72 (Euro- 10 The right to freedom of expression in- Special Rapporteur on Freedom of Opin- pean Court of Human Rights), para 49. cludes the right to make statements that ion and Expression, the OSCE Represen- 5 The applicant had unsuccessfully urged the ‘offend, shock or disturb’. See Handyside tative on Freedom of the Media and the prosecution of Salman Rushdie and his v. United Kingdom, 7 December 1976, Ap- OAS Special Rapporteur on Freedom of publisher for The Satanic Verses, which he plication No. 5493/72, 1 EHRR 737, para. Expression. considered offensive against Islam. 49 (European Court of Human Rights).

The EUMC has a new Web-Address http://eumc.europa.eu ISSUE 18 June 2006

Journalism and Combating Intolerance: How the Cartoons Row is a Challenge to Free Expression and Quality Media By Aidan White

The views expressed in this article ern media are narrowly-focused and journalists about how they do their are those of the author and do not inconsistent in their interpretation job and what they need to do, if any- necessarily reflect the opinion of the of what constitutes freedom of ex- thing, to improve their performance. EUMC. pression. Media were also accused of displaying shocking ignorance The reaction of many journalists to In a world of increasing anxiety about other cultures, even when this controversy was, at first, defen- where problems of religious intoler- they form substantial minority com- sive. Media are used to criticism ance, terrorism and ethnic conflict munities within the local popula- and wary of where it comes from. feature strongly on the news tion. They have good reason to be suspi- agenda, the role and responsibility cious. Journalists know that when of news media came into sharp fo- When this controversy exploded media are taken out of the hands of cus early this year when the publica- across the globe, migrating from professionals they can become de- tion of a handful of cartoons Denmark to Norway and then to structive weapons. sparked street protests, mob vio- mainstream media in Europe, it lence and the deaths of a number of touched off a political storm about In the 1990s, conflict in the Balkans people. attachment to democratic values, and genocide in Rwanda provided about relations between media and brutal reminders that human rights The global firestorm over the publi- law, journalistic codes and interna- cation of cartoons of the Prophet tional goodwill count for little when Mohammed revealed a chasm of unscrupulous politicians, exploiting misunderstanding and ignorance in “Media are public ignorance and insecurity, use relations between Muslim and west- compliant media to encourage vio- ern communities and underlined used to criti- lence and hatred. why journalists need to be more conscious than ever about the dan- cism and wary In the 2000s, a new war in the Mid- gers of media manipulation by un- dle East, the manufacture of a clash scrupulous politicians and racists. of where it of civilisations between Christianity comes from.” and Islam, and a resurgence of com- Suddenly, and quite unexpectedly, munity conflict in Europe, dramati- media standards came under cally exposed by violence in the ur- scrutiny as angry Muslims, many of ban centres of France, the UK, the them not particularly religious, government and the role of media in Netherlands and elsewhere, have all protested at the perceived casual moderating the so-called “clash of stirred centuries-old resentments disregard of cultural sensibilities civilisations.” about foreigners in our midst. over the publication of images of the Prophet, which, through custom The problem of intolerance is a con- rather than doctrine, is traditionally A wake up call for media stant threat to good journalism frowned upon in Muslim societies. everywhere. Urban violence in Within media and journalism, the North America and Europe, the rise It confirmed the feeling among controversy has served as some- in influence of extremist right-wing many that, for all the talk of liberty, thing of a wake up call, initiating a political parties, the re-emergence pluralism, and human rights, west- round of debate and analysis among of anti-Semitism, widespread reli- ISSUE 18 June 2006

gious intolerance in parts of Africa, to media stereotypes that reinforce pear to regard engagement with reli- Asia and the Middle East, and prej- racist attitudes and strengthen the gious communities as compromis- udice and discrimination against na- appeal of political extremists. Cer- ing progressive values rather than tional minorities on the basis of lan- tainly that’s how many people in the an opportunity for dialogue in order guage and social status, are all part Muslim world saw the row over car- to win people over. of the global landscape of daily toons of the Prophet Mohammed. news reporting. It is indisputable that the emphasis They point to European media on terrorism and fanaticism in the In this complex news environment, stereotypes of the Arab world that Arab world has been made worse by journalists can become casual vic- seem to be greater and more danger- the war on terrorism launched by tims of prejudice and political ma- ous than they have been for the United States after the Septem- Photo: EUMC, Luc Schwartz Journalist meeting to discuss the media’s role in intercultural dialogue and the fight against racism in Vienna in May 2006 (meeting organised by the Austrian presidency, the EU Commission and the EUMC)

nipulation. Too often, ignorance and decades. They say that media fail to ber 11 attack on New York and a lack of appreciation of different distinguish between fundamental- Washington. cultures, traditions and beliefs lead ism and mainstream Islam and ap- ISSUE 18 June 2006

It is an obsession, fed by sensation- vision and online news business, not the truth, to be impartial and to min- alist and superficial reporting of just in Europe, but around the imise harm. conflict in the Middle East and nur- world, the discussion raged – tured by extremist politicians, and it whether or not to publish these car- Regrettably, those who decided to has contributed to an increasingly toons. Arguments flowed back and publish in many parts of the Muslim fearful climate within previously forth about how to cover the story, world suffered most, illustrating stable metropolitan communities in with or without the cartoons? what we all know about the distance Europe. yet to be travelled by some coun- There’s no doubt about the majority tries along the road to democracy. Today in countries with a history of verdict. In the end hardly one per tolerance in past decades like Bel- gium, France, Austria and the What journalists can do Netherlands, and in the Nordic re- gion, a toxic cocktail of prejudice “European This controversy raised a number of and ignorance about Arab culture is serious questions about how media leading to a resurgence of extremist media stereo- work. How do news media defend politics not seen for 50 years. themselves from outside pressure? types of the What can journalists do to improve ethical standards, particularly when The cartoons controversy as Arab world they are in the crossfire of social a test case conflict? What standards do media seem to be professionals need to set to bring The cartoons controversy provides balance and equality into the way something of a case study on the greater and media work that will, in the process, positive and negative role media can more danger- improve the quality of reporting? play in turbulent times. What began as a legitimate journalistic exercise ous than they Above all, the row has challenged (dubious judgement, perhaps, but media professional groups – in both the original commission of the car- have been for Europe and the Arab world – to es- toons was entirely legitimate) got tablish a dialogue on how best to out of control when it became politi- decades.” balance cultural and religious sensi- cised. Some journalists and media tivity and the right to free expres- became engaged in editorial activity sion. which provided nourishment for some deeply unpleasant politics. cent of publications in Europe and To kick-start this process the Inter- many fewer across the world de- national Federation of Journalists The argument of editorial legiti- cided to publish. On television the brought together some leading pro- macy and relevance for publishing numbers were even less. fessional groups, journalists and the cartoons, not for reporting the others, including the European argument, became more difficult the The vast majority of journalists con- Commission, Unesco and the Coun- further the story travelled from its sidered the issue and decided cil of Europe, to talk through some point of origin. It became for many against publication. These were of the arguments in Brussels in Feb- in journalism a test case for basic judgement calls freely made, in Eu- ruary. democratic values and free expres- rope at least. It was a demonstration sion. If it was, I think that, all in all, that freedom of expression is not We emerged, predictably, with no journalism generally passed the test. just about the right to publish, it is magical or simple set of solutions, equally about the right not to pub- but at least with agreement on a re- No story in recent history has been lish, and that journalists can and do jection of violence, a call for dia- discussed in so many newsrooms. In balance carefully the three cardinal logue, a restatement of democratic almost every daily newspaper, tele- principles of their trade – to respect values, and for journalists to be al- ISSUE 18 June 2006

lowed to work freely without inter- pression fundamentalists have no together. Differences and distortions ference. A joint declaration was problem in confronting all taboos, only come to the surface when is- signed by all professional groups without fear, mainstream media in sues become instruments of politi- present except newspaper publish- the West do take account of national cal in-fighting. ers. customs, traditions and cultural thinking in making their news Another professional meeting was judgements. No wonder some Mus- Agreeing on media standards held at the end of March in Oslo lims are confused when their com- bringing together journalists and ex- plaints over the cartoons are dis- The meetings in Brussels and Oslo perts from the Arab world, Norway missed as an attack on European dealt with all of this in restrained, and Denmark. The conclusions ideals of freedom of expression. professional and balanced discus- were much the same – that the car- sion. There is agreement all round, toons dispute should set editorial At the same time in the Arab world, at national and international level, alarm bells ringing, that media need where organised and violent demon- that discrimination within media to improve their performance and strators laid siege to western em- should be wiped out and that jour- that journalists need to rebuild con- bassies amidst calls for trade boy- nalism should put populist and dan- fidence in the notion that media cotts and reprisals against Danish gerous ideas under proper scrutiny. speak for everyone, not just for the and European media, there were no We need standards for reporting settled majority. blushes, apparently, over the fact which ensure people get the infor- that Arab newspapers have for years mation they need, without lashings These initial discussions also reveal carried vicious caricatures portray- of bias and prejudice. that freedom of expression is not ing Jews and Israelis in a manner some inflexible, one-size-fits-all that any civilised person would find But how? As a modest start, the concept. It differs from country to shocking and unacceptable. How meeting in Oslo called for a new country. We all grow up with umbrella group within media to be taboos, which vary from culture to established to co-ordinate actions at culture, but when they are applied national level to bridge the gulf of with widespread and common con- “Freedom of misunderstanding between cultures sent, they do not compromise prin- that led to the cartoons controversy ciples set out in Article 19 of the expression is in the first place. In Brussels the IFJ Universal Declaration of Human (International Federation of Jour- Rights which states that everyone not just about nalists) was asked to continue to has the right to receive and impart bring groups together. information. the right to The starting point for this work publish, it is must be to raise awareness within How to apply freedom of ex- media about the issues and to pro- pression? equally about mote changes that will strengthen the right not journalism by putting the focus on But there is much inconsistency in ethics and quality. Ethical codes how we apply this principle. In Eu- to publish.” will not solve all the problems of in- rope many countries still have puni- tolerance in media, but they help tive laws on blasphemy and there journalists to take responsibility and are places where you can be prose- they encourage journalists to act ac- cuted for wearing Nazi insignia. As does this grotesque contradiction sit cording to their conscience. the historian David Irving discov- with complaints about cultural sen- ered in Vienna earlier this year, sitivity? Regulating ethics is the collective there are also countries where you business of journalists, not princi- can go to prison for denying the In reality, there is a mix of ap- pally of the corporations which Holocaust. While freedom of ex- proaches that generally work well commission and carry their journal- ISSUE 18 June 2006

ism, and especially not of governing ethical codes which direct think- countable and a reflection of the ments. Governments have a legiti- ing and permit conscious decision- whole community. mate role in regulating media struc- making. tures to try to ensure the diversity Take the example of Norway, which necessary for freedom of expression is one of the world’s leading democ- to flourish, but journalists’ ethics racies and renowned for its tradi- are a matter of content, and when it “To be effec- tions of decency: only a handful of comes to what news media write or journalists from different social, broadcast, governments have no tive, journal- ethnic or cultural backgrounds work role to play, beyond the application ism must be in media. Editors and journalists of general law. If the cartoons issue pledged to do something about this. achieved nothing else, it united inclusive, ac- The argument for internal diversity journalists – from both Europe and is not about “do-gooder” journal- around the Muslim world – in their countable and ism, but aims to improve efficiency, opposition to new codes and supra- professionalism and performance. national rules imposed by govern- a reflection of ments. If these new initiatives gain support, the whole they will provide some lasting bene- The controversy was proof positive fits. In this sense the cartoons row is that editorial judgement, exercised community.” not all bad news. It has, at least, freely, is what works best. Ethics, opened the eyes of many in western therefore, have to be actively sup- media to their own poor perform- ported, and particularly the prohibi- ance and it should reinforce the ef- tion of discrimination on the basis The Oslo meeting went further and forts of journalists and others to of religion, race or nationality, adopted a range of objectives for support the movement for progres- which is one of the most general work at national and international sive change throughout the Middle features of professional codes level, in particular to campaign vig- East. agreed at national and international orously to recruit more people from level. But like all the other skills of different ethnic and cultural groups Aidan White is General Secretary of journalism: it takes training, time into journalism. To be effective, the International Federation of and effort to become good at apply- journalism must be inclusive, ac- Journalists http://www.ifj.org

A free society needs free speech Ursula Owen

The views expressed in this article ligious or otherwise, are living in the closest scrutiny. And the issue of are those of the author and do not close proximity. Communication offence, of religious and other sensi- necessarily reflect the opinion of the across continents can be achieved tivities has become paramount and is EUMC. by the touch of a button; news trav- challenging the right to free expres- els thousands of miles in minutes. sion. Indeed, I would go so far as to In today’s climate, it is perhaps im- say that this issue is making free ex- portant to reiterate why free expres- In this world, where misunderstand- pression a fairly unpopular cause. sion matters: We are living in a ings happen easily and people are world where people with widely dif- prone to take offence, the power of No one ever said that free expres- ferent cultural habits and beliefs, re- words (and images) is coming under sion was uncomplicated. But those ISSUE 18 June 2006

of us who believe passionately that pression is concerned, the media pearance, wealth and quest for free expression matters, that it is the does not always probe enough, or power. basis of all other human rights, feel reveal what has been left unsaid or some alarm at the tendencies in the campaign for what it believes in. The play was put on in Birming- world today. The story of the Danish What happened to the play Behzti ham, but had to be taken off because cartoons, where some 50 people (Dishonour) was one of the worst of violence from a section of the died in confrontations at demonstra- blows to free expression in the UK Sikh community. Bricks were tions worldwide; the jailing of the for years. Gurpreet Kaur Bhatti, a thrown in the theatre foyer, and nei- British Holocaust denier David Irv- young devout Sikh woman, wrote a ther the theatre nor the police could ing in Austria; the violence of sec- vouch for the audience’s safety. The tions of the Sikh community in playwright was forced into hiding, Britain that forced the closure of a needing police protection. The play written by one of their own; “If we want British government made a weak these are just three recent examples statement to the effect that the proof how the issue of offence threat- people to ac- testors also had a right to free ens free speech. speech – something that no one cept demo- would deny. But they did not have These are complex issues with dif- the right to violence, and no one was ferent historical, legal and ethical cratic proce- prosecuted for it. roots. One of the great defenders of dures and free speech, Ronald Dworkin, has A wide range of voices was heard in recently stated that there are three laws that ex- the media over this event, in my main reasons why free expression view a real turning point, a sym- matters. First, we cannot accept col- press the will bolic moment which will have given lective control of the culture. This other groups the idea that violence means, as George Orwell so elo- of the major- is legitimate in trying to silence peo- quently stated, that we must have ple they do not want to hear. But the right to tell people what they do ity, then only one newspaper published any not want to hear. Then there is the part of the play, and then only a very essential issue of democratic trans- everyone small extract. parency, where a free press – the fourth estate, the watchdog – has a must have not I saw no interviews with any Sikhs duty and responsibility to hold gov- who committed the violence, or ernment and other powerful groups just a vote but with those who had been consulted accountable. And last, and perhaps over the play, or with the actors. most difficult, there is democratic a voice, how- And I believe the event was so im- fairness; if we want people to accept portant that the media should have democratic procedures and laws that ever much we campaigned for this play to be put express the will of the majority, then on, in safety, with police protection. everyone must have not just a vote may dislike Campaigning is an honorable tradi- but a voice, however much we may tion for the media, and this case dislike what they are saying. This of what they are needed it. course puts the censoring of ridicule saying.” out of bounds. As for the media and the Danish cartoons, a lot has already been said So what are the responsibilities of about this and I do not plan to repeat the media in all this, and how has it play which raised the possibility it. Certainly both sides had their performed? Is it part of the problem that principles of equality, compas- own agenda. Some argued that re- or part of the solution? The answer sion and modesty are sometimes peating the publication four months is a mixed one. As far as free ex- discarded in favour of outward ap- after the cartoons first appeared was ISSUE 18 June 2006

provocative, that the media has a re- Le Monde seriously interviewed the the freedom of speech that goes sponsibility to consider the likely cartoonists, some of whom had with it. results of publication. some interesting things to say (‘I always knew this was a provocative Hans Magnus Enzensburger once Some argued that though there must act by our newspaper’ said one). said “with democracy all the dirt be a right to publish it is not neces- comes out”. The fact is that it is an sarily always the right thing to do Le Monde also quoted the Arab occupational hazard of living in a (this was the position of the British press based in London, papers such democracy that one might be of- media). Others felt that free expres- as al-Quds al-Arabi, Asharq al- fended. It is not a democracy if, in sion must be asserted against threats Awsat, some of them Saudi backed, passing laws, a government has pre- of violence, regardless of results. It which all repudiated the violent vented anyone from stating his con- is also generally accepted that the threats accompanying some of the victions about what those laws wave of rioting four months after protests. Otherwise there were few should be. Democracy is a messy the cartoons’ publication was politi- voices from moderate Muslims in business, but it is what we must fight cally orchestrated. the media at all, who when they for, and for the freedom of speech could speak, on the one hand repu- that goes with it. In the media, many voices were ab- diated the fuss but also expressed sent. The editors who chose to pub- their sense of not being heard. Ursula Owen is the editor-in-chief lish cartoons were not interviewed of Index on Censorship. at any length. Only the Danish me- Democracy is a messy business, but http://www.indexonline.org dia, of course, and the French daily it’s what we must fight for, and for

Dangerous diversions: balancing rights requires an even scale By European Network against Racism (ENAR)

The views expressed in this article Hate speech or incitement directed rational debate fundamentally fails are those of the author and do not against members of ethnic minority to recognise the nature of 21st cen- necessarily reflect the opinion of the tury racism. EUMC. “You (Gypsies) are the ENAR welcomes the contribution Freedom of speech is a crucial ele- scum of all societies. that this edition of Equal Voices can ment of European democracies, Damned be the people make to an important debate but we however there is a danger that re- who brought you to Eu- would need many more volumes to cently it has been used to distract at- rope and those who didn’t philosophise about the implications tention from the imperative of fight- kill you in time”, corre- of freedom of speech in contempo- ing racism and promoting integra- spondence received by rary European societies. However tion and diversity. While the right to Valeriu Nicolae (Euro- interesting this debate may be, it freedom of speech must be con- pean Roma Information draws attention away from the real stantly debated, it faces no immedi- Office), September 2005.” challenges facing European soci- ate threat of being dramatically un- eties, not least the racism and hate dermined, however everyday mil- experienced by religious and ethnic lions of ethnic and religious minori- communities is one of the most minority communities every day. In ties across Europe face the conse- overt and abusive forms of racism in the words of Roma activist Valeriu quences of racial hatred and incite- Europe today. Arguing that this Nicolae: “Whether the majority of ment. manifestation is somehow linked to the population denies, ignores, ac- ISSUE 18 June 2006

cepts or supports them, such materi- ther directly targeted at ethnic mi- others. Article 19 of the Interna- als have the power to incite, and… nority communities or contributes tional Covenant on Civil and Politi- to justify violence” (Index on Cen- to a context in which their rights are cal Rights (ICCPR) provides a sorship, December 2005, p. 9). undermined. Most racists are not in- three-part test to ensure that restric- terested in climbing to the top of a tions, when they are introduced, do Freedom of speech has never been solidarity hill in order to get their not undermine the general right. Ac- defined as an absolute right and in abusive opinions off their chest. cording to this test restrictions European societies it has often been should be: provided by law; safe- restricted for much lesser reasons International law permits limited re- guard a legitimate interest; and nec- than hate speech. The logic of free- strictions on the right to freedom of essary to secure this interest (pro- dom of speech is based on everyone portionality). having a ‘voice’, but when it comes “Deliver to your municipal- to hate speech the voice of vulnera- It is clear that prohibiting hate ity the head of a n****r ble communities is silenced. Hate speech easily passes the tests of pro- and receive a voucher for speech undermines free expression: tecting a legitimate interest and pro- the value of 20 Euros”, not only are ethnic minority com- portionality. There is no greater le- Graffiti documented by an munities often in vulnerable situa- gitimate interest than the human ENAR member, ENAR EU tions and unable to ‘respond’, but rights of an individual, in this case Shadow Report 2004. hate speech and incitement is delib- members of ethnic minority com- erately intended to cause harm to munities. This issue is specifically these communities. Hate speech expression in order to protect vari- addressed in Article 4 of the Interna- does not occur in a vacuum, it is ei- ous interests, including the rights of tional Convention on the Elimina- 2006 Photo: Copyright: European Community, International law permits limited restrictions on the right to freedom of expression in order to protect various interests, including the rights of others. ISSUE 18 June 2006

tion of All forms of Racial Discrim- must now respond to increasing lev- ropean Union. The failure of the Eu- ination (ICERD). However, despite els of diversity in the twenty-first ropean Union to adopt the Frame- a long-standing commitment to century, the fact that social bound- work Decision on Racism and ICERD, in some European coun- Xenophobia raises serious questions tries combating hate crime is not about the commitment of European provided for in law. Consequently “Freedom of governments to fight racism and the right to freedom from racial ha- protect the rights of ethnic minority tred is unevenly protected across the speech is not communities. European Union. Similar to the three-part test in the ICCPR, Article an end in it- Europe must create the conditions 10(2) of the European Convention for full and active participation of on Human Rights recognises that self, but a ethnic minority communities. Anti- freedom of expression may be lim- discrimination protections are es- ited, in particular for the protection means to a sential, but must be complemented of the rights of others. by action that protects minorities free society.” against incitement to hatred and Freedom of speech is not an end in racist crimes. itself, but a means to a free society. It is a tool to which everyone should aries are constantly re-negotiated is Increasing demographic, cultural, have access in order to promote un- not a new phenomenon and it religious and ethnic complexity derstanding and dialogue in an in- should not come as a surprise to poses challenges for European soci- clusive and diverse Europe. As such anyone. eties. As outlined in the Constitu- any debate on the right to freedom tional Treaty, Europe is committed of speech must be placed in a wider Given Europe’s particular historical to the values of respect for human context, and should not divert atten- and social context, holocaust denial dignity, freedom, democracy, equal- tion away from efforts to protect has provided a context for this on- ity, the rule of law and respect for other human rights, such as the right going discussion during recent human rights, including the rights of to live free from fear. decades. Holocaust denial is illegal persons belonging to minorities. It in a number of European countries, was never suggested that this would So, what does the recent contro- as their governments hold that it is be easy, but Europe must rise to the versy concerning the publication of motivated by an anti-Semitic and challenge it has set itself. cartoons of Mohammed in Denmark anti-democratic agenda. tell us about the state of freedom of Europe is changing, racism is speech in the European Union? In Responding to the cartoons contro- changing, and we need to recognise reality, very little. In 2005 when the versy, Commission President Barroso that meeting the challenge we have cartoons were first published many acknowledged that: “Freedom of set will require practical action, ac- of ENAR’s members across Europe speech has limits, as well. These must tion that may not always be com- were shocked by such a blatantly be respected. They are defined and en- fortable. It may seem self evident provocative action. Others recog- forced by the law and legal systems of but defining integration as a two- nised this incident as one more in a the Member States of the European way process means just that: rights series of worrying developments in Union. It is self evidently unaccept- and responsibilities for both the ma- which a number of EU member able to go outside the law” (15 Febru- jority and minority populations. States have moved away from com- ary 2006, emphasis added). This is about much more than mitments to diversity and equality. words. In practice it will mean However his analysis is more of an change and accommodation at all The controversy does draw attention optimistic forecast than a reality. levels of society. to the fact that social boundaries are Since 2001 the European Union has constantly evolving as power rela- failed to agree an instrument that The challenge for Europe is not to tions and what is acceptable and un- would provide for criminal harmon- somehow find a delicate balance be- acceptable change. While Europe isation of hate speech across the Eu- tween lofty liberal ideals and rela- ISSUE 18 June 2006

tivist multiculturalism. The challenge Wherever one stands on the difficult ENAR is a network of some 600 Eu- is to realise the values that Europe is and complicated debate surrounding ropean NGOs working to combat based on in everyday practice. Eu- freedom of speech, there is no doubt racism in all EU Member States. Its rope has chosen its path, it is not an that the recent controversy damaged establishment was a major outcome easy one, and diversions such as the the bigger project: fostering inte- of the 1997 European Year against recent debate over the cartoon contro- grated societies. Racism. ENAR is determined to versy do not make it any easier. fight racism, xenophobia, anti- The real debate is not about limiting Semitism and Islamophobia, to pro- Freedom of speech is a very serious rights, but rather how best to protect mote equality of treatment between issue for all democracies. However, the rights of everyone living in the EU citizens and third country na- it is nonsensical to build a frame- European Union. The real danger is tionals, and to link local/regional/ work for integration and inclusion, not the so-called ‘clash of civilisa- national initiatives with European while picking away at its founda- tions’ but rather failing to address initiatives. tions by failing to respect, and rea- racism and exclusion in Europe. More information on: sonably accommodate, diversity. http://www.enar-eu.org

Punishing Religious Defamation and Holocaust Denial: Is There a Double Standard? By Abraham Cooper andHarold Brackman*

“We who live beneath a sky still streaked with the smoke of crematoriums have paid a high price to find out that evil is really evil.”

Francois Mauriac

The views expressed in this article or images offensive to religious Punishing “Religious Defama- are those of the author and do not communities are not. The Simon tion” necessarily reflect the opinion of the Wiesenthal Center is a global hu- EUMC. man rights NGO, dedicated to the Can an open democratic society legacy of the Nazi Holocaust and to ever rightly punish religious The raging global controversy over promoting individual freedom and defamation? We believe that rights the Danish cartoons caricaturing the minority rights, that has had to grap- and responsibilities must be bal- Prophet Mohammed has caused Eu- ple with issues of this kind since its anced in a democratic polity. Inter- ropeans to consider as a way to de- inception in 1977. Based on our ex- national and European human rights fuse future tensions the appropriate- perience, we will offer a perspective laws recognize governments should ness of restrictions on free expres- on the value and limits of “hate strike a balance between guarantee- sion, designed to protect religions speech” laws in the age of the Inter- ing free expression and protecting from insult and injury. There is a re- net as well as the rationale for pre- minorities against harmful treat- lated debate about whether a “dou- serving existing legislation punishment. For example, Article 26 of the ble standard” exists where ‘Holo- ing Holocaust Denial. UN’s International Convention on caust Denial’ is punished but words Civil and Political Rights (1966) de- ISSUE 18 June 2006

clares that “the law shall prohibit piece unless he disrupts traffic and nally retain established churches any discrimination and guarantee to becomes a public nuisance. It is an- (such as the Anglican Church)essen- all persons equal and effective pro- other thing for him to aggressively tially reject a theocratic union of reli- tection against discrimination on harangue citizens enroute to prayer. gion and state. Muslims or other reli- any ground such as race, colour, Under those circumstances, prose- gious believers who want to punish sex, language, religion, political or cution under an “incitement of reli- insults to their religious symbols will other opinion, national or social ori- gious hatred” statute may be very be disappointed by secular laws that gin, property, birth or other status.” much in order. Such laws should are designed to protect free religious practice not punish blasphemy. The In the United States, the First Law cannot privilege the symbols of Amendment of the Bill of Rights en- “Rights and one religion over another, and it must shrines the right to free speech, yet protect freedom not only of believers civil rights laws punish prejudicial responsibili- but also of atheists who do not be- verbal or written expression in the lieve. The freedom to dissent trumps context of protecting minority rights ties must be the dictates of religious orthodoxy. to housing and employment opportu- Muslim communities in Europe can- nities. The U.S. Supreme Court has balanced in a not expect democratic governments also articulated the “fighting words” to punish Muslim dissenters for doctrine allowing punishment for democratic heresy or apostasy. As U.S. Supreme words “which by their very utterance Court Justice Oliver Wendell inflict injury or tend to incite an im- polity.” Holmes, Jr., put it, there can be no mediate breach of the peace.” In ad- real freedom unless we grant “free- dition to lewd, obscene, and libelous dom for the thought that we hate.” speech, “fighting words” include ut- also be enforced to protect the rights European intellectuals since Voltaire terances that threaten harm against or of easily identifiable believers have raised the battle cry of instill fear in racial and religious mi- whether Orthodox Muslims, Jews, “Écrasez l’infâme!” against organ- norities. Spray-painting epithets des- Sikhs, or Hindus to walk freely ized religion. We may disagree, yet ecrating mosques, churches, or syna- down the streets, and be part of pub- we must to continue to defend their gogues are punishable in many juris- lic life, without being verbally as- right to be wrong. dictions, not only as acts of vandal- saulted by bigots. But beware: ism, but as “hate crimes” with en- strongly worded legislation does not What about the offensive Danish hanced penalties because of bias mo- automatically provide enhanced cartoons? Satirizing religion tivation. protection of individual rights or whether Christianity, Judaism, or Is- communities. Witness Article 282 lam is not a “crime” justifying in- Laws punishing religious defama- of the Russian Federation’s criminal fringement on freedom of the press tion are justifiable, but must be code. While it provides punishment and freedom to dissent even when carefully drawn and circumspectly for inciting ethnic and religious ha- that freedom is being abused. The enforced. The UK’s new Racial and tred, there are critics who charge proper remedy is for indignant citi- Religious Hatred Bill is designed that the Putin government is admin- zens to avail themselves of all legal appropriately to protect religious istering it in a politically biased and means to express their anger includ- practice against intimidation, capricious way. ing public protest and economic threats, and menacing words but not leverage. merely against abusive and insult- ing language. The law should be en- The Limits of Legislation forced in a way respectful of com- Punishing Holocaust Denial mon law protections of free speech. Further, advocates of laws punishing For example, it is one thing for a “religious defamation” must under- In addition to Israel, eleven Euro- bigot to spout derision of Islam or stand that the legitimate scope of pean countries Austria, Belgium, Christianity from a street corner. He such legislation is limited. Western the Czech Republic, France, Ger- ought to be allowed to speak his democracies even those that nomi- many, Lithuania, Poland, Romania, ISSUE 18 June 2006

Slovakia, Spain and Switzerland ments continue to use Holocaust Holocaust Denial laws will no punish Holocaust Denial. Except for Denial as a code word for justifying longer be required for democracies Spain, with its fascist legacy, and new genocides, European govern- to defend themselves against those Switzerland, with its own-check- ments balk at treating as ‘protected whose goal is completing Hitler’s ered history as a World War II neu- speech’ the toxic libel that the Nazi demonic mission. On that day in- tral, all the countries on the list were “Final Solution” was a “myth.” stead of punishing Holocaust Denial absorbed by, occupied by, or allied it will be sufficient for all to em- with Nazi Germany. They also all This does not mean that laws pun- brace the 1998 Declaration of the saw their Jewish minorities devas- ishing Holocaust Denial are justi- Stockholm International Forum on tated or annihilated during the Holo- fied, everywhere and for all time. the Holocaust and join with the 20 caust. Professor Deborah Lipstadt, who nations that currently belong to the convinced a UK court that it was ac- Task Force for International Coop- If one agrees with those in the United curate for her to denounce David eration on Holocaust Education, Re- States who are called “First Amend- Irving as a Holocaust Denier, is membrance, and Research (ITF). ment absolutists” who insist restric- skeptical about the value of the Aus- What a tragedy that, to date, not a tions on free expression are never jus- trian law that jailed Irving for deny- single Arab or Muslim state has tified, then Holocaust Denial laws are ing the Holocaust in a speech he de- joined the ITF! anathema everywhere. However, a livered in Vienna. She is right that different conclusion follows if one such laws do not automatically stop believes that within the broad param- Holocaust Denial. The proliferation So, Is There “A Double Stan- eters of universal human rights proof Holocaust Denial websites dra- dard”? tections countries have the right to matically underscores the limita- make laws regulating speech that re- tions of any national laws, or even As recent headlines attest, the Mus- flect their own distinctive traditions international conventions, to elimi- lim Cartoon Jihad complete with and historic obligations. nate or punish any form of hate torched diplomatic compounds and speech. Christian churches, beheading of Holocaust Denial laws are on the western “infidels,” and jailing of books in countries where Nazi, Nazi Yet the democratically elected gov- Muslim independent journalists also puppet governments, and allied fas- ernments of Austria and Germany involves Tehran’s leveraging of cist states, practiced genocide and still see the criminalizing of the de- Holocaust Denial and Jew-hatred to crimes against humanity against nial of the Nazi genocide as an ap- assert a claim to leadership of the Jews, gypsies, and other minorities propriate gesture to the millions of 1.2 billion strong Arab and Muslim as statecraft, often with enthusiastic innocents mass murdered by the world. Tehran is sponsoring a Car- popular backing. It was understood Third Reich and a needed strategy toon Exposition of its own picturing that post-WWII nations emerging to forestall resurgence of Neo-Nazi satanic Danish “Zionist agents” from the grip of Nazi Germany had movements within their borders. with Stars of David on their sleeves to demonstrate to their victimized Apparently, they and other Euro- as those responsible for mocking the neighbors that they were new demo- peans agree with Dr. Judea Pearl, fa- Prophet. It’s inviting a rogue’s cratic societies committed to re- ther of slain journalist Daniel Pearl, gallery of Holocaust Deniers from nouncing the Nazi past. In Ger- who said he believes religious and around the world for an upcoming many, this included the prosecution national symbols are best protected ‘scientific’ conference on the Holo- of war criminals, an anti-totalitarian by “rules of civility, not law, with caust. It wants to send a “Historical reeducation of the population, and the exception of Holocaust-related Truth Squad” to Auschwitz to prove punishment of any renewed public symbols, whose abuse implies li- that the Holocaust never happened. embrace of Nazism. Anti-Nazi cense to repeat, namely incitement statutes punishing Holocaust Denial to genocide.” There may yet come Why the fixation on Holocaust De- were part of the price such societies a time when civil liberties and re- nial? Because deconstructing col- paid to be accepted back into the spect for minority rights are so lective memory of the Shoah is the family of civilized nations. In coun- deeply rooted in the lands where first building block for a new geno- tries where potent neo-Nazi move- genocidal fascism once ruled that cide against Israel and the Jews. ISSUE 18 June 2006

Furthermore, in antisemitism ex- the Western world for which apolo- proaches including the commemora- tremists know they tap the well- gies are in order. Germany has made tion of an official Holocaust Remem- springs of the world’s most potent restitution to Holocaust Survivors, brance Day. and durable ideology of hate. No and has apologized to French and other noxious ideology has the pro- Poles for World War II atrocities. Second, laws criminalizing Holo- tean quality that has made Jews, The Vatican has apologized for the caust Denial are an attempt to pro- since their emancipation from me- deicide accusation against Jews as tect both Jewish minorities and the dieval ghettoes, the all-purpose well as for sanctioning the Atlantic wider democratic order from the scapegoat for the world’s discon- slave trade. President Bill Clinton threat of resurgent movements with tents against capitalism, socialism, expressed “regret and contrition” a history of practicing genocide. democracy, liberalism, secularism, for American slavery, while the U.S. They do not protect Jews or Judaism globalization, and every other trend has made restitution payments to in- or Israel against criticism, satire, associated with Modernity. ridicule, or even defamation. To confirm this, all one needs to do is So when demonstrators scream to look at recent cartoons, from one against Western double standards for “The road to end of Europe to the other, depicting punishing Holocaust Deniers like Ariel Sharon as a monster devour- David Irving while not penalizing Tolerance is a ing Palestinian children or inscrib- Danish cartoonists, they are not de- ing a swastika within the Star of fending free speech or religious two way David to criticize Israel. The Jewish equality both of which are denied to community has quite rightly Christians and Jews almost every- street. ” protested against such cartoons as a where in the Arab and Muslim world. violation of decency and civility, Instead, they are demanding that the but it has not called for criminally world accept that they have sole prosecuting the cartoonists. claim to global “victim status,” and digenous peoples as well as to the that the Jews together with Euro- victims of Japanese-American In- By the same token, Muslims in Eu- peans and Americans are the villains ternment. The government of the rope, the U.S., and the Middle East responsible for Modernity’s sins UK has apologized to Sikhs and have every right to exercise their against them. Just as the appeal of Maoris, though not yet to the Irish. rights to protest the Danish cartoons Hitler’s antisemitism extended be- And the list goes on. and to peacefully pressure for re- yond the German heartland to the dis- dress. But their neighbors have the located, disaffected European masses But there is no “double standard” re- right to challenge them to live up to of an earlier age, Iranian President garding the punishment of Holocaust standards of moral consistency and Ahmadinejad’s Holocaust Denial at- Denial for which apology is needed. universal human rights. The Afghan tempts to rally Muslims from London Firstly, the charge of inconsistency Court that threatened a Muslim with and Paris to Malaysia and Indonesia. misstates the legal situation in much death for converting to Christianity Imported from Europe and America, of Europe. Denmark, where the car- violated these standards. So did the it is re-exported in the form of state- toons caricaturing the Prophet origi- Muslim newspaper in Belgium that craft, websites, and as ideological nally appeared, has no laws against responded to the Danish cartoons “blowback” meant to destabilize the either Holocaust Denial or religious with its own cartoon showing Anne Western world. defamation. Great Britain, on the Frank in bed with Adolph Hitler. other hand, has recently approved The road to Tolerance is a two way Still, the charge emanating from legislation punishing “incitement to street. Iran and elsewhere of a western religious hatred” which is being en- “double standard” that punishes forced against those who use “threat- Rabbi Abraham Cooper is associate Holocaust Denial but not religious ening words” against Muslims or Is- dean of the Simon Wiesenthal Center defamation needs to be answered lam; but it rejected some time ago Dr. Harold Brackman, a historian is explicitly. First, let it be admitted legislation punishing Holocaust De- a consultant to the Wiesenthal Center that there is much in the history of nial, choosing instead educational ap- ISSUE 18 June 2006

Freedom of speech and hate speech: Should there be limits to freedom of speech or not – and, if so, which? By Carla Amina Baghajti

“Truly, good and evil are not the same. Requite evil with good and he who was your enemy will become your dearest friend.” (Koran 41:34)

The views expressed in this article Blasphemy clauses are applicable to ralism of European societies. This are those of the author and do not religion. Every faith is not automati- relates to inner social diversity as necessarily reflect the opinion of the cally protected in every land. The well as to diversity resulting from EUMC. concept of a ‘state church’ can still migration. A collective feeling that be found in legal texts which exclu- such or such a thing is, in a manner Freedom of speech is undisputed as a sively confer special protection to the of speaking, ‘out of the question’ fundamental value in Europe. With- majority religion. seems more compatible with homo- out it, democracy would be unthink- geneity than with diversity. The able, and any state-imposed restric- In many places, journalists have motto of the European Union, tions from above would tend to in- adopted their own ethical code of ‘United in diversity’, gives positive cline towards dictatorial structures. conduct. This does not mean that expression to the underlying chal- At the same time, there are few self-censorship should be imposed lenge here, because it assumes that phrases recently which have such on press freedom, but it does mean there is a consensus to be reached in negative connotations as ‘preacher of that self-control in the sense of a fair essential points regarding living to- hate’. Hate speech can by no means and well-balanced journalism gether. A readiness for dialogue is a automatically expect to be simply should be remembered. precondition for this. noted down under the heading of ‘freedom of speech’. Just as freedom Responsibility is therefore a key Muslims in Europe have expressed of speech is valued positively, so is concept in the exercise of freedom their position repeatedly and clearly. hate speech valued negatively. of speech. Concepts like ‘according The concluding statement of the to good manners’ or ‘not offending first European Conference of Imams against decency’, which have also in Graz in 2003 declared that Mus- Legislation and ethical code been inserted into legal texts, show lim identity is compatible with val- that ultimately we are venturing into ues of democracy, the rule of law, Legislation in European countries a field which cannot be grasped ju- pluralism, and human rights. This has responded to this apparent con- ridically in every last detail. Social naturally includes freedom of tradiction in different ways, because consensus has undergone a change, speech, a topic which the first Aus- social peace and the bonds that hold as we can observe in the case of trian Conference of Imams in April society together should be protected. blasphemy clauses. As far as Chris- 2005 dealt with decisively. With the In this respect clauses have been tianity is concerned, the ‘pain murder of Theo van Gogh still fresh adopted, with differing emphases, threshold’ here has become signifi- in people’s minds, freedom was de- which represent a safeguard against cantly higher in recent decades. scribed as mankind’s most impor- influences that are dangerous to the tant possession apart from life itself, public, for instance inflammatory or and violence as a reaction to unpop- derogatory expressions of opinion. United in diversity – Muslims ular opinions was condemned. The Germany and Austria have rightfully in Europe declaration reads as follows: “No taken special precautions intended to one should fear for their life because prevent the revival of, or move to- A new situation has come about, of their own opinion, and no one wards, the ideas of the Hitler period. however, due to the increasing plu- should be discriminated against or ISSUE 18 June 2006

be hindered in the practice of their to analyse this as a symptom of Is- can be found in the course of one’s religion or world view. Differences lam. At the same time it is extremely own actions or speech, but is likely in point of view and opinion are to important to engage in a dialogue to be found at least in the heart be respected by Muslims as being that incorporates theology, in order (freedom of opinion). “The greatest willed by God. All forms of com- to emphasise the ethical guidelines Jihad* is a true word spoken against pulsion in religion shall therefore be of Islam both inwardly and out- a tyrant.” There are many instances rejected.” wardly. In this way there could be which point out the far-reaching an increased incentive among Mus- consequences of thoughtless Both declarations met with a very lims to participate, in the sense of a speech, perhaps that born of emo- positive response and were greatly common good. In addition, this tion, and which therefore advise approved. They were however felt could create an outward-looking re- keeping silent, if nothing construc- to be in contrast to the reality of lationship of trust that is essential tive can be said. The description of countries in the Muslim world. for living and prospering together. Paradise includes the message that Muslims in Europe are painfully in Paradise there is no “empty chat- aware of this fact and feel continu- Powerful arguments can be found in ter”. The Koran warns against in- ally exposed to pressure to justify Islam for the significance of free sulting that which could be holy to themselves. It is therefore important speech in connection with the re- others, since this could, in conse- to stress that the absence of free sponsibility to get along well with quence, lead to an attack on one’s speech in this or that country of one another. As with every action, own values. God is described as let- Muslim character (by no means in intention is the deciding factor, and ting every community regard its all!) is not the result of Islam, but is it should encourage self-reflection. own way as beautiful, and “compe- due to the lack of democracy in the “Wisdom and good speech” form a tition in good works” is advised. “A prevailing systems of those coun- pair. Moral courage is required, for good word is like a good tree, tries. It would be a false conclusion it says in the Hadith that injustice whose roots are firm and whose 2006 unity, Photo: Copyright: European Comm Responsibility is key in applying freedom of speech. ISSUE 18 June 2006

branches reach up to heaven”, states from below against those and the question of the division the Sura Ibrahim, verse 24. above, as an instrument with between the state and religion). which to criticise openly those On the basis of these broadened The most recent statement of opin- in power it sometimes has re- horizons, a “culture of respect” ion on this topic, which was made at course to polemic. In light of should be constructively pro- the second European Conference of this, blasphemy must be consid- moted as an additional stage in Imams in Vienna in 2006, refers in- ered as depending upon the case our concept of tolerance. Al- in question. If a minority is de- ready Goethe wrote that tolera- liberately provoked by the rul- tion is ultimately a kind of in- “Muslims in ing majority through blas- sult. In appreciating what the phemy, then, as an action from idea of tolerance has achieved Europe are above against those below, it is in terms of intellectual progress anything but emancipating. In- in Europe, it should be remem- continually deed, this is discrimination. bered that tolerance is rooted in Wherever there are areas which a hierarchical procedure and a exposed to can be perceived as “double patronising approach to the standards”, these should be other that begins with an as- pressure to done away with. This concerns, sumption of one’s own intellec- for example, the legal system, if tual superiority. An honest dia- justify them- Muslims, unlike members of logue can, however, only take selves.” the majority, can find no basis place when it is eye to eye, on that offers decisive protection equal ground, in openness to- for their religion. Even if such wards that which is new. More- directly to the discussion about the legal provisions would, ideally, over, understanding should not caricatures of the Prophet Muham- not be applied, they would still be confused with the adoption mad, which were commissioned as give a substantial impetus to of the other person’s point of a deliberate provocation. The state- raising awareness of religious view. ment of opinion affirms free speech diversity, in the sense of a de- If one tends to define oneself in and press freedom as a “general and sired social consensus. terms of the negative demarca- indispensable good” and does not Quite apart from the legality of tion of that which is “foreign”, demand additional legal provisions the situation, it would be unfair then this tendency does not only in order to protect the religious feel- to expect Muslims to put up reveal inner weakness; it is al- ings of Muslims. However, the ne- with possible abuse of their reli- most an invitation to depict this cessity of dialogue is also stressed, gion without protest. The insult “other” in the worst possible in order to achieve a social con- is doubly hurtful when the para- light. This motive for hate sciousness that recognises and re- doxical situation arises that the speech should be carefully ob- spects these feelings. most coarse offences take place, served. What is problematic but the right to protest against about hate speech is that it Some considerations for the future them is morally denied. If in- could be perceived by the recip- and for further discussion: sults towards the Islamic reli- ient as justified and even “true”. gion continue without anyone Absolute claims are exclusive Freedom of speech and freedom protesting, then as a result the and therefore dangerous. It is of religion should not be played threshold of hostility towards precisely religions, with their off against each other. They are Islam is lowered, often without ideas of prophecy, which are closely connected as pillars of anyone noticing. traditionally suspected of arro- our understanding of human A knowledge offensive about gantly claiming to be in sole rights. Islam could help to dispel possession of the truth. Mis- Since, regarded historically, clichés, simplifications, preju- sionary zeal and the narrow- freedom of speech had to be dices and projections (with key mindedness associated with it gained in Europe by a struggle issues being the role of women should however be criticised ISSUE 18 June 2006

just as much when they come with Europe’s inner diversity, per- once again appears to be a two-way from a side that declares itself haps this is the key to understand- street. to be against religion. It is even ing why it proves all the more diffi- remarkable that understanding cult to deal with a diversity that is Carla Amina Baghajati is the of such a danger often hardly labelled – justifiably or not – as spokesperson of the Islamic faith ever exists, because it is easy to “foreign”? community in Austria. consider oneself to be above something that one ascribes to If we take stock of dealings with di- * In Islam, Jihad means the individual religion alone, in order to claim versity throughout European his- striving to lead a life that is pleasing to a superior merit. It is nothing tory, the result is not exactly posi- God, for example by not cheating or ly- new that radical criticism of re- tive. It was precisely religious di- ing, or by not indulging in vice. In order ligion in Europe should repeat- versity which people tried for a to distinguish between peaceful Jihad edly choose Islam as a wel- long time to manage through terri- and armed Jihad, nowadays the terms come substitute target – think torial divisions. This failed. greater and lesser Jihad are used. Ac- of Voltaire and his play about We shall need patience, combined cording to the current definition, the the Prophet Muhammad. with the readiness to develop. This greater Jihad is an individual or collec- Politics and the media, as pow- is because the tasks which one tive striving which has nothing to do erful agents and trend-setters, seeks to impose on Muslims are with war. Only in the case of self-de- are called upon to act with spe- also one’s own tasks. Integration fence is the lesser Jihad warlike. cial responsibility: to keep their distance from populist slogans, and not to aim to be as easy as possible to understand. The participation of minorities as a Distorted. Inflammatory. living mirror of society must be ensured. The image of African In the end, the theme of “freedom of speech” should not be people in the media considered separately from A critical review of the treatment of overt phenomena that are visible in these times of increasing social and concealed racism at local level pressure and insecurity. In a By Dieter Schindlauer “dog-eat-dog society”, work- place bullying and aggressive African people as a group are seldom mentioned in the Eu- rhetoric are unfortunately part ropean debate on the freedom of speech and opinion. The of everyday reality, and they issue arises mainly in connection with the following ques- spoil the general climate. A cul- tion: is there a right to balanced, non-pejorative reporting ture of dialogue is therefore not about an ethnic group or a group defined by skin colour? only relevant to the debate on integration: it concerns every- body. The views expressed in this article not only in the traditional multiethnic are those of the author and do not metropolises of London, Paris and The responsible use of freedom of necessarily reflect the opinion of Amsterdam, but also in Rome, speech is also linked to the maturity the EUMC. Berlin, Lisbon and Vienna, as well of the individual. It is a major chal- as, slowly but surely, in Prague and lenge to be ready to think, in re- It is only in the last few years that Warsaw too. Encounters with people sponse to a globalised world, in Africans, and indeed dark-skinned of African origin are increasingly be- terms of networks and with regard people in general, have come to be a coming a matter of daily experience to the most diverse impulses. If it is visible and permanent element of the in public spaces. Yet there is as yet already difficult to come to terms population of large European cities – hardly any sense, among the major- ISSUE 18 June 2006

ity white population, that these en- criminals convey messages such as regard to the private media sector counters are a part of normal life. “It wasn’t one of us”, or suggest that there can be no right to reports This is borne out by the images of the crime rate would fall if there about the concerns of people of ‘blacks’ conveyed by the mainstream were no more Africans in the coun- African origin. media. There is no question of nor- try. In this way, Africans come to be mality here. ‘Normal’ Europeans re- seen as an ongoing problem, the However, the situation is different main white and continue to belong to corollary being the constant question in the case of State-owned or State- the majority community, while dark- of whether one might perhaps be controlled media. If it is realised skinned people are still perceived as better off without them (the others). and acknowledged that existing ‘abnormal’. In general, persons racist stereotypes are being repro- whose skin colour is black are as- The connections between these duced by one-sided reporting and signed, or conceded, one of two manifestations are sufficiently fa- that the division into ‘us’ and ‘them’ places by the media. On the one hand, miliar from studies conducted by (the ‘others’) is being maintained by they feature – predominantly – in the communication specialists. But consistent disregard of the black context of criminal activity or of what are their legal consequences? population in the media, it is per- other negative-sounding manifesta- Is there a right to balanced, non-pe- fectly possible for the State to im- tions, as embodied in the dangerous jorative reporting about an ethnic pose an obligation to counteract newly coined phrase ‘abuse of asy- group or a group defined by skin these phenomena, based for exam- lum’; while, on the other, they are colour? Such a right cannot readily ple on the United Nations conven- portrayed in exotic terms stemming be deduced from the present state of tion on the elimination of racial dis- from stereotypes about African people – involving, for instance, untamed ‘savagery’, carefree exuberance and unbridled sexuality.

The stereotype of the African as criminal – a media con- struct

Again and again, for example, general articles about drug-related crime are illustrated with pictures of African people, thus reinforcing the misconception that drugs and black

skin are indissolubly linked. There Photo: Copyright: Z ARA are only a small number of more Racist Graffiti: “Nigger go home you drugdealing monkeys” sensitive media organs that refrain, in their crime reporting, from men- international law or indeed of vari- crimination. Television stations op- tioning the origin and, in the case of ous national legislations. It is hardly erated under public law have a gen- black perpetrators, the skin colour of possible to compel private media eral educational remit and are in ad- the suspects. As a result, skin colour entities by law to abstain from using dition required to provide for eth- is mentioned in the media only if it is the mechanisms described above nic-minority programming. Yet the ‘different’ – that is, black. Hence and to work actively to encourage relevant slots are not very signifi- black-skinned people feature almost ‘normalisation’ in relation to per- cant. The State also has a duty to in- exclusively in connection with sons whose skin colour is black. At fluence the private media sector in crime. Inevitably, then, media con- any rate, the fundamental right to this direction by non-legal means, sumers cannot fail to gain the im- freedom of expression after all infor instance by awareness-raising pression that all Africans do is com- cludes the right not to say some- campaigns or the provision of train- mit crimes. Reports about black thing. For this reason, at least with ing for journalists. ISSUE 18 June 2006

The mechanisms described above committed (usually damage to prop- festations constitute criminal acts are far removed from being suscep- erty or incitement), many graffiti nev- both in their commission and in their tible to legal interpretation as ‘in- ertheless persist in the urban land- results. If inflammatory graffiti are citement to racial hatred’ or prohib- scape for very long periods. Public not removed as quickly as possible, ited forms of ‘hate speech’. Never- institutions and public transport oper- their baleful effect persists untram- theless, it seems to me that – pre- ators do their best to get rid of these melled and the breaking of the law is cisely because of their subtle and daubings promptly, whereas most pri- perpetuated. Yet all States party to the pervasive action – they are often vate householders are not prepared to United Nations convention on the even more dangerous than crude, di- pay for their removal. Unlike, say, elimination of racial discrimination rect hostility. They also demonstrate Berliners, Austrian residents are un- are required actively to eliminate the limits of the law as a means of der no legal obligation to do so. The such tokens of racial hatred. This is combating racism. So creative ef- City Council of Leicester, in the all the more necessary because the efforts using other approaches will fect of such pervasive public incite- need to be made and reinforced. ment is to create an extremely hostile “If inflamma- and humiliating climate for members of the targeted minority, while at the Racist graffiti: concrete expe- tory graffiti same time inevitably arousing the im- rience at local level pression among the majority popula- are not tion that even totally unacceptable A different picture is presented by the and in fact illegal statements can be widespread phenomenon of racist removed as left openly on display and go uncon- graffiti in the public environment. I tradicted. should like to give a brief account of quickly as relevant experience in Austria. Racist Austrian NGOs are currently ob- graffiti are so widely disseminated in possible, their serving with great concern the trials Austrian cities – especially Vienna – of certain individuals who at- and hence so conspicuous a fact of baleful effect tempted to paint over racist graffiti everyday life that NGOs are devoting and were then prosecuted for caus- more and more attention to them. persists ing damage to property. Ought an Countless examples can be found area of undamaged concrete really throughout the city, especially on untrammelled to be more important in law than walls and on parts of the public trans- and the protection from incitement and ex- port infrastructure. A high proportion clusion? of these daubings are aimed directly breaking of and extremely crudely at persons of Mag. Dieter Schindlauer is a lawyer African origin. They range from the law is per- and Chair of ZARA [the Austrian ‘Fuck nigger’ via ‘Niggers go home’ Centre for Civil Courage and Anti- to ‘Kill niggers’. Although such ven- petuated.” Racism] and President of the Aus- omous phrases constitute the criminal trian Legal Action Association for offence of ‘incitement’ and can give Enforcing the Rights of Victims of rise to prosecution, the city is full of United Kingdom, has adopted an in- Discrimination. Consultant to the them. And it seems virtually impossi- teresting approach to this problem: it Ludwig Boltzmann Institute of Hu- ble to track down the perpetrators. removes racist and sexist graffiti free man Rights. Austrian member of the of charge. In the Zurich model, on the European Commission’s independ- This is certainly not merely an Aus- other hand, homeowners remain re- ent expert monitoring group on the trian but a Europe-wide phenome- sponsible for removal but can insure transposition of anti-discrimination non. Although it is often clear that the against graffiti on favourable terms. It directives. Adviser to international protection of freedom of opinion ought, however, to be clear that the organisations and European gov- does not extend to such manifesta- removal of inflammatory graffiti is ernmental and non-governmental tions and that a criminal act has been incumbent on the State. Such mani- organisations. Diversity trainer. EUMC Management Board 2004 - 2007 EUMC Noticeboard Meetings and Conferences

Members Deputy Members • "Decade of Roma Inclusion Belgium: Eliane Deproost Jozef De Witte 2005-2015", under the auspices of the World Bank and others

Czech Republic: Petr Uhl Jirí Kopal TK-AA-05-018-EN-C Denmark: Niels Johan Petersen nomination pending • European Commission’s: Com- Germany: Claudia Roth Claus Henning Schapper munication on the Fundamental Estonia: Tanel Mätlik Michael Gallagher Rights Agency. Website: http://ec.europa.eu/justice_home/fsj/rights/fsj_right Greece: Spyridon Flogaitis Nikolaos Frangakis s_agency_en.htm Spain: Rosa Aparicio Gómez Lorenzo Cachón Rodríguez France: Guy Braibant Jean-Marie Coulon • 2007 - European Year of Equal Ireland: Anastasia Crickley Rory O'Donnel Opportunities for All

Italy: Beniamino Caravita di Toritto Massimiliano Monnanni • EUMC presentation in the Euro- Cyprus: Eliana Nicolaou Aristos Tsiartas pean Parliament (on invitation of the Latvia: Ilze Brands Kehris Gita Feldhune Socialist Group): "Racism and xenophobia in the EU". Brussels, 30 August Lithuania: Arvydas Virgilijus Matulionis Šarunas Liekis 2006. Luxemburg: Victor Weitzel Anne Henniqui Hungary: András Kádár Katalin Pécsi • Inter-Agency Meeting (EUMC, Malta: Duncan Borg Myatt Claire Zarb ECRI, OSCE/ODIHR, UN CERD, UN OHCHR): "Combating Racism, Racial The Netherlands: Jenny E. Goldschmidt Gilbert R. Wawoe Discrimination, Xenophobia and Re- Austria: Helmut Strobl Peter J. Scheer lated Intolerance". Vienna, 11 Septem- Poland: Piotr Mochnaczewski Danuta Glowacka-Mazur ber 2006.

Portugal: Rui Pedro Pena Pires nomination pending • Meeting of Government Liaison Slovenia: Vera Klopcic Tatjana Strojan Contacts of the EUMC. Vienna, 14-15 Slovakia: Miroslav Kus´y Tibor Pichler September. Finland: Mikko Puumalainen Kristina Stenman • EUMC & EU Presidency side- Sweden: Hans Ytterberg Anna-Karin Johansson event at OSCE Human Dimension Im- United Kingdom: Naina Patel nomination pending plementation Meeting: "Combating Is- Council Of Europe: Gün Kut Maja Sersic lamophobia - Experiences of the EU and its Member States". Warsaw, 12 European Parliament: Chafia Mentalecheta Richard Séréro October 2006 European Commission: Francisco Fonseca Morillo Stefan Olsson

OBSERVERS has a new Web-Address Bulgaria: Emil Konstantinov http://eumc.europa.eu Croatia: Josip Kregar Romania: Monica Vlad The EUMC Turkey: Ioanna Kuçuradi EUMC Executive Board 2004 - 2007

Chairperson: Anastasia Crickley Ireland Vice Chairperson: Ilze Brands Kehris Latvia Member: Helmut Strobl Austria Member: Francisco Fonseca Morillo European Commission Member: Gün Kut Council Of Europe

EQUAL VOICES Next Issue: Autumn 2006 [email protected] http://eumc.europa.eu