Hate speech in online media in South East Europe Albanian Media Institute Instituti Shqiptar i Medias HATE SPEECH IN ONLINE MEDIA IN SOUTH EAST EUROPE Publisher: Albanian Media Institute Albanian Media Institute Instituti Shqiptar i Medias Dz dzǡǤͺǡ´ TelFax: ++355 4 2229800 Ǧǣ̷Ǥ ǤǤ © Copyright: Albanian Media Institute 2014 ISBN: 978-9928-172-38-9 With the support of Communication and Information Sector United Nations Educational, Scientific and Cultural Organization This book has been produced with the support of UNESCO in the framework of the Project “Media accountability in SouthEast Europe”, ϐ Ǥ the South East European Network for Proffesionalization of the Media (SEENPM), Albanian Media Institute (Tirana), Media Center (Sarajevo), Press Council of Kosovo (Pristina), Macedonian Institute for Media (Skopje), Montenegro Media Institute (Podgorica) and ȋȌǤ The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of UNESCO, the European Union and other donors and partners concerning the legal status of any country, territory, city or area or of its authorities, or concerning Ǥ ǡ the reference made to Kosovo* is understood as in the UN Security Council Resolution 1244, and the reference made to Macedonia is Ǥ The ideas and opinions expressed in this publication are those of the authors; they are not necessarily those of UNESCO, the European Ǥ The publishing of the book has Ǥ Editor: Remzi Lani Layout: Bujar Karoshi Table of Contents Introduction .................................................................................................................4 How should the media deal with hatred online? .........................................7 Hate speech in online media in Albania .......................................................17 Hate speech in online media in Bosnia and Herzegovina .....................47 Hate speech in online media in Kosovo ........................................................75 Hate speech in online media in Macedonia ................................................93 Hate speech in online media in Montenegro .............................................135 Hate speech in online media in Serbia .........................................................155 Hate speech in online media in Turkey .......................................................175 Addressing online hate speech in South East Europe: The role of media accountability ....................................................................196 Introduction hile Internet, new media, and new technologies have certainly provided more opportunities for freedom of expression, for civic Wjournalism, and for enhancement of democracy in general, this freedom also has given rise to new concerns, such as spreading of gossip, ill-based accusations, undue criticism, and in more extreme cases, to hate speech and nationalistic rhetoric. The rise of blogosphere and social media lend more opportunities for special groups and interests to be heard. In many ways, media professionals and citizens or amateurs, can both claim their space in the public debate. Being simple and free to use, blogs, forums and social media have filled the void of a different way of disseminating information. Nowadays they are broadly used and distributed by well-known international media companies. On the other hand, blogging and forums are increasingly being seen as additional elements in promoting free speech and serving as democratic platforms. Most media websites also have their own forums and blogs. While most media outlets do respect the main ethical principles in general, the situation with forums and blogs is quite different. This area is not just an opportunity of expression and exchange of opinions, but also a potential area of gossip, defamation, and slander, which sometimes border on hate speech. All Western Balkan countries currently have complex and vibrant media scenes. In addition, internet penetration has increased rapidly in these countries and the gravity center tends to go towards online media. As it was mentioned above, while the space for freedom of expression has expanded, so has the opportunity to spread the hate speech. Balkan countries are no exception in this respect. New media has offered an ideal platform to adopt and spread hate speech because of its decentralist, anonymous and interactive structure. Cyber-hate is the dark side of information technology. Cyber-hate knows no boundaries; its perpetrators are anonymous and fluid; its messages globally available. This is a serious phenomena and a difficult challenge. Under what conditions does freedom of speech become freedom to hate? How to deal with hate speech without harming freedom of expression? 5 The topic of hate speech is not a new topic when talking of Balkan media. It evocates bitter memories. There has been significant discussion on what has been dubbed as “media war” during the bloody conflicts in former Yugoslavia. There have also been studies and analysis on hate speech in post- conflict societies. However, what has not been analyzed is the phenomenon of hate speech in online media and the impact of this phenomenon in public life of countries of Western Balkans. Precisely this fact prompted the start of the project Hate Speech Online in seven countries of the region, initially supported by UNESCO (in the framework of the project Hate speech in online media in South East Europe) and afterwards from OSFA. The study papers/reports on online hate speech, part of this publication, aim to identify the main trends, violations on situation of hate speech on online media in Western Balkan countries and Turkey. These reports combine secondary and primary research. Secondary research includes overview of legal framework, other reports on media monitoring in seven countries, and reports and studies on media situation in the respective country. The reports also provide overviews of relevant legislation in the realm of hate speech, as well as a glimpse on responsible institutions in each country. The practice of media initiatives to self-regulate hate speech in the media is also described, against the general background of self-regulation process in each country. These reports also examine if legal and self-regulatory measures against hate speech are respected in practice. Reports combine direct content monitoring of online media and online versions of traditional media with previous research, monitoring and studies done on use of hate speech in the media in each country. Short textual analysis of several cases of hate speech in content generated both by authors and by users is indicative of major manifestations of hate speech, as well as social identities most often exposed to hate speech. The overviews on current trends of online media in relation to hate speech are followed by the respective recommendations for each country. This publication is only an initial attempt to a broader and deeper understanding of the online hate speech phenomenon. This publication does not claim in any way to be an academic one. This book is a result of the work of independent media experts from the seven countries involved in the project. The publication poses some serious questions and provides complex answers. It is just a first step towards a path that seems to be a long and not entirely free of dilemmas. Remzi Lani 6 How should the media deal with hatred online? Andrew Smith, Legal Officer, Article 19 Right to freedom of expression online he right to freedom of expression is a fundamental human right, and the foundation stone for every free and democratic society.1 The Internet Thas democratised freedom of expression, enhancing the enjoyment of this right immeasurably. With more than 7 billion people now connected, the opportunities for sharing information and ideas are greater than ever before, with relatively few geographic, political or economic boundaries. Repressive governments can’t control what ideas people see and share as easily. The traditional media no longer have a monopoly on information flows. Anyone can now get online and publish information on a scale previously unimagined. International standards are clear that the right to freedom of expression – protected in Article 19 of the Universal Declaration on Human Rights and elaborated in Article 19 of the International Covenant on Civil and Political Rights - applies on-line as it does off-line. This has been affirmed by the UN Human Rights Council in a landmark 2012 resolutions (A/HRC/20/13), and by the Human Rights Committee, the treaty monitoring body for the International Covenant on Civil and Political Rights (ICCPR), in General Comment No. 34. Any restrictions on online expression must, therefore, be justified according to a three-part test that is set out in Article 19(3) of the ICCPR. It must be: (i) provided for by law, (ii) pursue a legitimate aim (the protection of the rights or reputations of others, the protection of national security, public order, public health or morals), and (iii) be necessary and proportionate. There are a number of principles that States should consider when applying restrictions on freedom of expression online: 1 Human Rights Committee, General Comment No. 34, CCPR/C/GC/34, 21 September 2011, at para. 2. 2 Human Rights Committee, General Comment No. 34, op. cit., at para. 17. 7 States should take into account the ways in which internet and mobile-based information dissemination systems have changed communication