Hate Speech in the Media Landscape of Crimea
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HATE SPEECH IN THE MEDIA LANDSCAPE OF CRIMEA AN INFORMATION AND ANALYTICAL REPORT ON THE SPREAD OF HATE SPEECH ON THE TERRITORY OF THE CRIMEAN PENINSULA (MARCH 2014 — JULY 2017) Kyiv — 2018 UDC 32.019.5:323.266:327(477.75+47 0) Authors: Oleksandr Burmahyn Tetiana Pechonchyk Iryna Sevoda Olha Skrypnyk Review: Viacheslav Lykhachev Translation: Anastasiia Morenets Proofreading: Steve Doyle Hate Speech in the Media Landscape of Crimea: An Information and Analytical Report on the Spread of Hate Speech on the Territory of the Crimean Peninsula (March 2014 – July 2017) / under the general editorship of I. Sedova and T. Pechonchyk. – Kyiv, 2018. — 40 p. ISBN 978-966-8977-81-7 This publication presents the outcome of documenting and classifying facts on the use of hate speech on the territory of the occupied Autonomous Republic of Crimea and city of Sevastopol from April 2014 to July 2017. This publication uses material from mass media that have been disseminated in the territory of Crimea since the occupation of the peninsula by the Russian Federation, as well as information from open sources, including information resources from the authorities of Ukraine, Russian Federation and Crimean de-facto authorities, Crimean Human Rights Group and Human Rights Information Centre. This publication is intended for the representatives of state authorities, educational and research institutions, diplomatic missions, international, non-governmental and human rights organizations Crimean Human Rights Group (CHRG) — is an organization of Crimean human rights defenders and journalists aimed at promoting the observance and protection of human rights in Crimea by documenting the violations of human rights and international humanitarian law on the territory of the Crimean peninsula as well as attracting wide attention to these issues and searching for methods and elaborating instruments to defend human rights in Crimea. The CHRG team is composed of experts, human rights defenders and journalists from various countries who have been participating in monitoring and documenting the violations of human rights in Crimea since February 2014. The CHRG maintains a major focus on the human rights violations resulting from the unlawful actions of the Russian Federation in Crimea. The findings of the CHRG monitoring and documenting of human rights violations are presented in monthly monitoring reviews on the human rights situation in Crimea1, as well as in the issue-related CHRG reports and articles2. Human Rights Information Centre (HRIC) — is a Ukrainian non-governmental organization which aims at promoting human rights, rule of law, and the ideas of civil society in Ukraine. Since March 2014, together with the Russian and Crimean human rights defenders, the organization has been taking part in the operation of the Crimean Human Rights Field Mission (CFM) – the only international human rights civic initiative that has been acting in Crimea on a continual basis. Once in the so-called ‘patriotic stop-list’ of the Federation Council of the Russian Federation, the CFM had to cease working in Crimea for its monitors were at risk of prosecution. The HRIC continues monitoring the situation regarding freedom of speech and expression in Crimea, as well as supporting local journalists and human rights defenders. The organization is involved in awareness-raising and research activities and advocates the human rights issues in Crimea at the national and international level. UDC 32.019.5:323.266:327(477.75+47 0) This publication was funded by the British Embassy in Ukraine as part of the project implemented by Crimean Human Rights Group and Human Rights Information Centre. The views expressed in this publication are those of the authors and may not coincide with the official position of the UK Government. © © Crimean Human Rights Group, 2018 Human Rights Information Centre, 2018 1 Monitoring reviews are available at: http://crimeahrg.org/category/monitor ISBN 978-966-8977-81-7 2 Issue-related reports and articles are available at: http://crimeahrg.org/category/analytic 1 CONTENTS LIST OF ACRONYMS ...............................................................................................................2 FOREWORD .............................................................................................................................3 METHODOLOGY ......................................................................................................................6 Definition of Hate Speech ...............................................................................................................6 Object of Monitoring .......................................................................................................................6 Period of Monitoring ....................................................................................................................... 7 Key Words .......................................................................................................................................8 Types of Hate Speech .....................................................................................................................9 OVERVIEW OF HATE SPEECH LAWS .....................................................................................11 Definition of Hate Speech in International Laws and Regulations ................................................ 11 Practice of European Court of Human Rights as Regards Hate Speech .......................................12 Antisemitism, Islamophobia and Other Forms of ‘Ideological’ Intolerance .............................13 Racism, Migrantophobia ...........................................................................................................13 Homophobia .............................................................................................................................13 Hate Speech Laws in Ukraine ........................................................................................................13 Hate Speech Laws in Russian Federation .....................................................................................15 Ethical Standards of Journalism as Regards Hate Speech ............................................................16 OUTCOMES OF HATE SPEECH MONITORING IN THE MEDIA LANDSCAPE OF CRIMEA ......17 Hate Speech in Activity of Crimean Occupation Authorities ..........................................................17 Hate Speech on Air of Main Russian Channels Broadcasting in Crimea ......................................22 Hate Speech in Crimean Online Media ......................................................................................... 27 CONCLUSIONS AND RECOMMENDATIONS .........................................................................34 Conclusions ...................................................................................................................................34 Recommendations ........................................................................................................................ 37 2 HATE SPEECH IN THE MEDIA LANDSCAPE OF CRIMEA LIST OF ACRONYMS ВAF Armed Forces VCIOM Russian Public Opinion Research Center ECHR European Court of Human Rights AOC Administrative Offences Code CJE Commission on Journalism Ethics CHRG Crimean Human Rights Group MIA Ministry of Internal Affairs NGO Non-Governmental Organization UN United Nations RC ‘Republic of Crimea’ RF Russian Federation HRRC Human Rights Resource Center CC Criminal Code UOC-KP Ukrainian Orthodox Church Kyiv Patriarchate UHHRU Ukrainian Helsinki Human Rights Union HRIC Human Rights Information Centre INFORMATION AND ANALYTICAL REPORT 3 FOREWORD Since the occupation of Crimea by the Russian Feder- sites of information agencies highlighting Crimean ation in March 2014, the situation with freedom of speech events: Crimea. Realities, Center of Journalistic Inves- and expression has dramatically changed for the worse on tigations, Blackseanews.net, 15 Minutes, QHA, Crimea. the peninsula. SOS, Events of Crimea, Sevastopol Meridian, as well as Ukrainian-wide information and analytical publications: On-air broadcasting of Ukrainian TV channels and Ukrayinska Pravda, European Pravda, Hromadske Radio, radio stations on the peninsula’s territory stopped at the UAinfo, Sled.net.ua, Glavnoe.ua Observer, RBC-Ukraine, very beginning of the occupation. Dozens of Crimean jour- Ukrinform, DePo, Gordon, Information Resistance, Fo- nalists and editorial departments had to leave the penin- cus, Censor.net. Furthermore, the web-sites of such TV sula and move to mainland Ukraine, while some editorial channels as Chernomorskaya TV and Radio Company, offices closed down as they could not reregister and con- ATR, Novyi Kanal, ICTV, 5 kanal, Espreso TV, UA: First and tinue working under the Russian laws, and a lot of journal- STB3 have also been blocked. ists retired from business in fear of persecution. The editorial departments of Ukrainian mass media Pursuant to Freedom House’s estimates, the degree cannot act in Crimea legally. The journalists of Ukrainian of media freedom in Crimea in 2014 became one of the periodicals, even those who moved to mainland Ukraine lowest in the world. The organization’s report1 gave the and those working in Crimea covertly, are subjected to peninsula 94 points out of 100 (the worst score possible), harsh persecution4, including criminal prosecution5. so Crimea made the ‘worst of the worst’ territories list with Russia’s score being 83. The