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Annual Report on Hate Speech in Romania 2014

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Annual Report on Hate Speech in Romania 2014 Proiect derulat de ProiectProject by derulat de NetRangers AGAINST INTOLERANCE Annual Report On Hate Speech in Romania 2014 – 2015 Află mai multe pe Aflăwww.rangers.wbd.ro mai multe pe www.rangers.wbd.rowww.cyberhate-watch.ro www.cyberhate-watch.ro ProjectProiect founded finanţat through prin granturile the EEA SEE grants 2009 2009– 2014, – 2014, în cadrul within Fondului the NGO ONG fundîn România. in Romania For official information on EEA and Norway grants please access www.eeagrants.org. Pentru informațiile oficiale despre granturile SEE și norvegiene accesați www.eeagrants.org. TheProiect content finanţat of this prin publication granturile SEE does 2009 not – necessarily2014, în cadrul represent Fondului the ONG oficial în România. positionConţinutul of EEAacestui grants material 2009 nu – reprezintă2014 în mod necesar poziţia oficială a granturilor SEE 2009 – 2014. Pentru informațiile oficiale despre granturile SEE și norvegiene accesați www.eeagrants.org. Conţinutul acestui material nu reprezintă în mod necesar poziţia oficială a granturilor SEE 2009 – 2014. www.cyberhate-watch.ro ActiveWatch is a human rights organization advocating for free communication in the public interest. The antidiscrimination program is one of the four programs of ActiveWatch (Antidiscrimination, FreeEx, Good Governance and Media Education and Research). Because we do not feel comfortable in a society divided by racial sentiments and discriminatory actions: we periodically measure the degree of tolerance in the media discourse on minorities and vulnerable groups; we permanently inform the public about the importance of tolerance and diversity in a civically healthy society; we directly support and facilitate access to an acceptable life for the minority or vulnerable groups members; we represent the interests of minority and vulnerable groups in Romania before national public authorities and policy makers. Roma Center for Social Intervention and Studies - Romani CRISS is a nongovernmental organization established on 4th April 1993. Its mission is to defend the Roma’s rights in Romania. Romani CRISS provides legal assistance in cases of abuse and works for combating and preventing racial discrimination against the Roma in all the areas of public life, including education, housing and health. Since its establishment in 1993, Romani CRISS has developed long term relationships with Roma communities and with authorities across the country, intergovernmental organizations, civil society partners in the country or abroad and with donors, all these relations sustained through close communication, institutional transparency and advocacy. Romani CRISS combines domestic civic militancy with influencing and monitoring public policy programs addressing the Roma in terms of human rights and minority rights. Authors: Radu Răileanu, Oana Tabă, Adrian Szelmenczi, Ionuț Codreanu, Loredana Diaconescu Răzvan Martin Contributed: Cristina Belc Guidance and feedback: Mircea Toma, Marian Mandache Thanks for the support of the net-rangers team coordinated by Larisa Poșircă: Andrei Fetcu, Eduard Alexandru Prisecaru, Ioana Popescu, Anișoara Diaconu, Mara Nedelcu, Maria Cojocaru, Teofil Ene, Samuel Ene, Tabita Ene, Emanuela Oancea, Alexandra Oancea, Ana Maria Ion, Alexandru Călin, Ștefan Donea, Flori-Nicoleta Șerban, Oana-Cristina Guță, Andrei Stoica, Mihai Dobrotă, Cristian Sovar, Nicoleta Toma, Mihaela Constantin, Ana Stan, Tea Nicolae, Doina Golea, Valentina Stan, Marius Chiriac Layout and design: Dan Ichimescu Editing and sound: Alex Gheorghe CC BY 3.0 ActiveWatch Calea Plevnei nr. 98, bl. 10C, sector 1, București, Romania +4021 313 40 47 021 637 37 67 [email protected] www.activewatch.ro blog.activewatch.ro www.facebook.com/ActiveWatch Romani CRISS Str. Răspântiilor nr.11, sector 2, București, cod poștal 020547 Tel: 021.310.70.70 Mobil: 0740.19.46.46 Fax:031.815.76.23 Email: [email protected] NetRangers - Annual Report On Hate Speech in Romania 2014 – 2015 Table of contents Methodology / 7 1. National law / 8 The Romanian Constitution / 8 The Government Ordinance 137/2000 on preventing and sanctioning all and any forms of discrimination / 9 The new Criminal Code / 10 Other legislation related to hate speech / 12 The legislative initiative of Deputy Bogdan Diaconu, to change the name of the Roma minority from “Roma” into “Gypsy” / 13 The initiative of the Deputy Liviu Dragnea - Law on the promotion of human dignity / 14 2. ECHR case law and the analysis of the activities sanctioning hate speech carried by the public institutions with competence in this area / 16 2.1. European Court of Human Rights case law related to hate speech / 16 Handyside v Great Britain / 16 Otto Preminger-Institute v Austria / 16 Wingrove v Great Britain / 17 Féret v Belgium / 17 Vejdeland and others v Sweden / 17 Norwood v Great Britain / 18 Gündüz v Turkey / 18 Garaudy v France / 18 Delfi As v Estonia / 19 Aksu v Turkey / 19 2.2. Cases of incitement to hatred or discrimination and cases related to offenses provided for by the Ordinance 31/2002 pending before the public prosecutors/national courts / 20 2.3. Analysis of judgments issued by the National Council for Combating Discrimination / 22 Conclusions / 24 2.4. Analysis of the sanction decisions issued by the National Audiovisual Council / 24 Conclusions / 26 3. Self-regulations / 27 3.1. Self-regulations of the political parties / 27 The National Liberal Party (PNL) / 28 The Social Democratic Party (PSD) / 28 The National Union for the Progress of Romania / 29 The Liberals and Democrats Alliance (ALDE) / 29 The People’s Movement Party (PMP) / 30 United Romania Party / 31 The Humanist Power Party / 31 3 NetRangers - Annual Report On Hate Speech in Romania 2014 – 2015 The Romanian Social Party / 32 The Democratic Union of Hungarians in Romania / 33 3.2. Self-regulations of the media organizations / 33 The Romanian Press Club / 33 The Media Organizations Convention / 33 The Romanian Association of Audiovisual Communications / 34 Other self-regulatory documents issued by organizations or projects outside the media professionals/industry / 35 Conclusions / 37 Recommendations / 37 3.3. Self-regulations of the advertising industry / 37 3.4. Self-regulations of media outlets / 38 Adevărul / 39 Evenimentul Zilei / 40 Gândul / 40 Hotnews / 41 Mediafax / 41 Ziare.com / 42 3.5. Self-regulations of the sport federations / 42 The Romanian Football Federation (RFF) / 43 Romanian Handball Federation / 45 National League Male-Female Regulations / 45 Romanian Ice Hockey Federation (RIHF) / 46 4. Manifestations of hate speech in public space / 47 4.1. Hate speech in the public area / 47 On TVR1, Gheorghe Funar called Hungarian the “language of horses” / 47 Corneliu Vadim Tudor and Miron Cozma, offensive remarks towards diaspora on România TV / 47 Article against Roma published in the newspaper Graiul Sălajului / 48 The Minister of Transport Ioan Rus, insulting statements towards the families of those who left the country to work abroad, on Digi 24 / 48 Mihaela Rădulescu called the persons belonging to the LGBT community “abnormal people” / 48 Dinamo supporters, racist banner against Roma / 48 Dumitru Dragomir, anti-Semitic statements on a sports television / 49 Daniel Predoiu, leader PSD Olt, admirative post for Adolf Hitler on his Facebook page / 49 Cheloo, Nazi symbols in a photo posted on Facebook / 49 Romanian Ambassador to Armenia, jokes about Hebrew, inappropriate remarks about the LGBT community members / 49 Mădălin Voicu, statements with anti-Semitic character / 50 Radu Bacau, Islamophobic tirades in the context of the attacks on Charlie Hebdo. / 50 Traian Băsescu, islamophobic statements amid the building of a large mosque in Bucharest and the refugee crisis. / 50 4 NetRangers - Annual Report On Hate Speech in Romania 2014 – 2015 4.2 Calendar of Hatred / 51 The presidential campaign in 2014 / 51 Romanians are coming – the documentary that divided Romania / 52 Legislative initiative to replace the official name “Roma” with “Gypsy” / 52 March for normality v Gay Pride 2015 / 53 “The biggest mosque in Europe”, the biggest controversy of the summer 2015 / 53 The fake scandal related to a police car with bilingual inscriptions / 54 Refugee crisis and the quotas imposed by the European Commission / 55 4.3. Public manifestations of intolerance / 56 Protest to the change the name of the Roma minority to “Gypsy” / 56 Online petition “Stop the cultural confusion with Gypsies/Roma. Stop discrimination!” / 56 The march against the real estate mafia - October 2014 / 57 March against the real estate mafia - August 2015 / 57 The book “The unseen face of homosexuality” / 57 Distribution of a homophobic booklet during the religion class at a high school in Brasov / 58 “The March for Normality” / 58 Conference “Homosexuality – What the Bible tells us”, organized at the Students Culture House, Cluj / 58 Rappers Dragonu and Cedry2k publicly condemn homosexuality and abortion and promotes the legionnaires as heroes of the nation / 59 Avram Iancu memorial march held in Cluj by the New Right On March 15th 2015 / 59 The counter-demonstration organized by the New Right against commemorating the 13 generals of the Hungarian revolution of 1848-1849 and the vandalism acts against the monument to their memory / 60 Raising black flags at Târgu Secuiesc on the National Day of Romania / 60 Protests against the construction of a mosque in Bucharest / 60 Protest Anti-refugees in Câmpulung Muscel / 61 Anti-refugee protest in October, in Bucharest / 61 5. Public manifestations
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