Regional 'Hate Speech' Provisions (Europe)

AutorPaul Coleman

Page 137

appendix B
regional “Hate speech” Provisions (europe)

european union council Framework decision of 28 november 2008 on “combating certain forms and expressions of racism and xenophobia by means of criminal law”

article 1 – Offences concerning racism and xenophobia

(1) Each Member State shall take the measures necessary to ensure that the following intentional conduct is punishable:

a. publicly inciting to violence or hatreddirected against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin;

b. the commission of an act referred toin point (a) by public dissemination or distribution of tracts, pictures or other material;


(2) For the purpose of paragraph 1, Member States may choose to punish only conduct which is either carried out in a manner likely to disturb public order or which is threatening, abusive or insulting.

Additional Protocol to the Convention on Cybercrime (criminalisation of acts of a racist and xenophobic nature) 2003.

article 3 – dissemination of racist and xenophobic material through computer systems

1) Each Party shall adopt such legislativeand other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct: distributing, or otherwise making available, racist and xenophobic material to the public through a computer system.

2) A Party may reserve the right not toattach criminal liability to conduct as defined by paragraph 1 of this article, where the material, as defined in Article 2, paragraph 1, ad-

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138 la Censura maquillada | Paul Coleman

vocates, promotes or incites discrimination that is not associated with hatred or violence, provided that other effective remedies are available.

3) Notwithstanding paragraph 2...

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