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WHAT IS HATE SPEECH? 4 Equality to Europe and Its Institutions

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WHAT IS HATE SPEECH? 4 Equality to Europe and Its Institutions Anti-migrant hate speech HUMAN RIGHTS PROGRAMME REPORT Contents The Quaker Council for European Affairs FOREWORD 2 (QCEA) brings a vision based on the INTRODUCTION 3 Quaker commitment to peace, justice and WHAT IS HATE SPEECH? 4 equality to Europe and its institutions. WHY TACKLE HATE SPEECH? 5 The harm inflicted by hate speech 5 International human rights law 7 HOW SIGNIFICANT IS HATE SPEECH IN EUROPE? 8 WHAT IS BEING DONE? 10 The Council of Europe 10 The European Union 13 The Organisation for Security and Cooperation in Europe 14 Internet companies 14 INITIATIVES COUNTERING HATE SPEECH 16 Campaigning 16 Monitoring and reporting 17 Education and training 18 RECOMMENDATIONS 19 CONCLUSION 20 Authors Sylvain Mossou, Andrew Lane Research Laura Straus, Martin Leng, Olga Oliynyk, Charles Castillo ANNEX: RESEARCH METHODOLOGY 22 Editorial support Kate McNally, Martin Leng REFERENCES 24 Design Martin Leng First published June 2018 Square Ambiorix 50 1000 Brussels Belgium www.qcea.org AISBL - MONITEUR BELGE NO. 11 732/80 NO. D’ENTREPRISE 0420.346.728 TRANSPARENCY REGISTER 3960234639-24 Foreword Introduction Invading, flooding, swamping… this is how This report is a call to action against the tide of the media in many parts of Europe has been anti-migrant hate speech in Europe today. portraying humans – people just like us seeking safety in Europe. It is a hurtful generalisation, Differences of opinion are the keystone of a an exaggeration of the greatest proportions and healthy democracy, but dehumanising language incredibly inflammatory language. When the corrodes public discourse and inflames the hate press demonises our neighbours, it gives a green which can lead to violence. light to hate speech and enables it to catch hold of our daily discourse. I can’t stress enough how As the far right advances in parts of Europe, important it is to address anti-migrant and all anti-migrant rhetoric is becoming normalised, other forms of hate speech. Hopefully, one day particularly on the internet where anonymity eradicate it. trumps accountability. As an MEP for the North East of England, I have Successfully tackling hate speech will require the heard of horrific verbal abuse towards my own common effort of governments, political parties, constituents, fuelled by a toxic political narrative, the media and internet companies. but have also been at the receiving end of it. Europe must have zero tolerance to hate speech. However, this objective will ony be achieved if We know from our collective past that it has we can work together to build truly inclusive been a precursor to violence – we must learn and resilient societies, overcoming the politics from our history and avoid it happening again at of division in the process. Any responsible all costs. government or media organisation will relish this challenge. Jude Kirton-Darling MEP 2 3 Why tackle hate speech? The harm inflicted by hate speech Hate speech signals to the intended target that they Nazi Germany, 1933-45 could expect hostility, discrimination or exclusion. What is As reported in the European Union Agency for One of the most prominent examples of hate Fundamental Rights (FRA) Second Minorities and speech being a precursor to violence was the Discrimination Survey (December 2017), immigrants, Nazi Party and the spreading of antisemitic hate speech? descendants of immigrants and minority ethnic propaganda. The leaders of the Nazi Party spread groups who have experienced discrimination their ideologies of hatred in order to gain power. show significantly lower levels of trust and feel The Reich Ministry of Public Enlightenment and less attached to the country in which they live. Propaganda ensured that the Nazi message Therefore, hate speech potentially impedes was communicated through art, music, books, integration and social inclusion policies, thus radio, and educational material. For example, Despite the term being widely used in legal, undermining social cohesion. propaganda books were published with the policy-making and academic circles, there is titles The Poisonous Mushroom and Trust No Fox. no single definition of hate speech. There are Moreover, a climate in which hate speech is Books like these portrayed Jews as an ‘alien race’ varying standards for defining and limiting hate tolerated creates an environment conducive to that poisoned the German culture, and needed to speech in international and regional human violence. While the extent of the relationship be exterminated. It was impossible to escape the rights instruments. Those variations are therefore between hate speech and physical violence is not propaganda and it quickly influenced the actions reflected in national legislation. This explains commonly understood, it is worth restating that of those living in Germany at the time. much of the confusion around the term. Beyond Hate speech: a definition there are examples, notably in European history, the question of finding a basic definition, what that point to a relationship between them. Rwanda, 1994 exactly constitutes hate speech and when it can be Europe’s pre-eminent human rights body is prohibited are subject to debate. the Council of Europe, encompassing almost The Holocaust was of such horrific proportions Another example of the relationship between all European countries. It defines hate speech that it should be our first point of reference in any hate speech and violence is the Rwandan as “covering all forms of expression which consideration of hate speech and violence. It alone Genocide. In 1994, Hutu nationalists in Rwanda Balancing rights: freedom of expression, spread, incite, promote or justify racial hatred, justifies the existence of all international human spread violence and hate speech throughout the equality and non-discrimination xenophobia, antisemitism or other forms of hatred rights institutions and mechanisms. However, it country, which then led to a genocide against based on intolerance, including: intolerance has not been enough of a wake-up call to end mass Tutsis and others who opposed the violence. The Working in human rights very often involves expressed by aggressive nationalism and human rights violations, as seen in the genocides in genocide took the lives of more than 800,000 balancing different rights (except freedom from ethnocentrism, discrimination and hostility against Rwanda and Bosnia in the 1990s. people. Through the use of government and torture and right to life which are absolute rights). minorities, migrants and people of immigrant non-government sponsored radio broadcasts, The way human rights law understands hate origin”. (Council of Europe, Committee of Ministers, hate speech spread throughout the country to speech also involves balancing rights: On the Recommendation No. (97) 20). hundreds of thousands of people and promoted one hand, there is freedom of expression, which violence towards people with Tutsi identity. One includes information and ideas that are favourably Using the above definition, this report will focus of the major radio stations, Radio Television Libre accepted as well as those that may offend, shock on hate speech that expresses hostility toward or des Milles Collines (Radio RTLM) called for “a 2 or disturb. On the other hand, there is the right about migrants and refugees. This type of hate final war” to “exterminate the cockroaches”. to equality and to freedom from discrimination, speech is often framed within broader nationalist for which international law requires states to or racist expression. continued g prohibit, by law, “any advocacy of national, racial Quaker approaches to hate speech or religious hatred that constitutes incitement to discrimination, hostility or violence”.1 It is crucial to address hate speech because it infringes on people’s dignity, Quakers have a long record of working to promote Hate speech (alongside fake news, stereotypes and For some, anti-hate speech legislation is not only has a negative impact on societies and human rights and protect minorities. For example, lies in general) is an offence to this Quaker concept difficult to interpret, and therefore to enforce, it in 1933 Quakers established the Kindertransport, of truth, as well to most other people’s concept is a potential precursor to violence. which alongside other groups, was responsible for of honesty and truth. However, freedom of is also not effective and poses a risk to freedom Europe is experiencing a worrying of expression by abusing restrictions or even helping Jewish children escape Nazi persecution in expression is also important to Quakers. In 1917 the silencing critics. For others, limiting speech is upward spiral of hatred, likely stirred by Germany, Czechoslovakia, Austria and Poland, and wartime government in Britain imposed censorship necessary to avoid discrimination and violence. some political trends and facilitated by supporting them in their new country. on publications. Quakers did not comply, saying, The real challenge is then to identify the tipping the rapid development and strength of “Christianity requires the toleration of opinions point at which legitimate expression transforms media, especially social media networks. Since the movement’s birth in the 17th Century, not our own, lest we should unwittingly hinder the into hate speech. In the context of increased migration Quakers have valued truth as one of their main workings of the Spirit of God.” (Recorded in Britain into Europe, migrants – and people principles. Early Quakers used the word truth as Yearly Meeting’s Quaker
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