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Hate Speech Revisited A Comparative and Historical Perspective on Hate Speech Law in the Netherlands and England and Wales
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Hate Speech Revisited A Comparative and Historical Perspective on Hate Speech Law in the Netherlands and England and Wales

Noorloos, Marloes van; School of Human Rights Research Staff
ISBN-10: 1780680325
ISBN-13: 9781780680323

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1 new from $149.85
Criminal law on hate speech has become a hotly debated topic in the past decade. In the Netherlands, as well as in England and Wales, legislative changes and proposals abound, while cases such as the prosecution of MP Geert Wilders have received considerable attention. How to deal with hate speech in an increasingly pluralist society has become a pressing question.
Moreover, with the attacks in New York, London, and Madrid, and the appearance of radical groups and individuals, such as Abu Hamza Al-Masri in England and the Hofstadgroep in the Netherlands, public debate has been dominated by the problems of terrorism and radicalization. As a result, extreme speech, presumed to encourage radicalization and terrorism, is a major issue. This comparative study deals with how ideas behind the law on hate speech and extreme speech in the Netherlands and England/Wales, including the influence of European and international law, have developed since 2001, and how this can be explained by reference to their historical origins. The aim of this research is to discover how Dutch, English/Welsh, and international law have developed over time, but, more importantly, why it has developed in that way. (Series: School of Human Rights Research - Vol. 45)
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Introduction
Introduction
Research goals and research question
Delineation
Methodology
Relevance
Readers' guide
Theoretical framework
Introduction
General theoretical framework
Liberalism, neutrality, toleration
Democracy and fundamental rights
Conceptions of democracy and the role of fundamental rights
Majority decision-making v. the interests of minorities
Democracy v. fundamental rights
The democratic paradox
Terrorism, democracy and fundamental rights
Extreme politics v. rational politics and public discourse
Fundamental rights: liberty and equality
Equality: vulnerable groups and identity politics
Changing modes of discrimination
Limitations to liberty
Freedom of expression and the restriction of hate speech
Freedom of expression: justifications
The marketplace of ideas
Democracy and free speech
Free speech and autonomy of the individual
Free speech, toleration and civic virtues
Instrumental arguments against regulating expressions
Justifications for restrictions of speech
Harm to public order
Subversive speech, public order, national security
Public order and hatred between groups
Civility and decency
Negative imaging and discrimination
The effects of hate speech bans on victims and defendants
Equality
Mental harm to individuals
Offence
Distinguishing truth from lie
Conclusion
The European Convention on Human Rights
Introduction
Article
10. ECHR: general framework
Theoretical rationales for freedom of speech under the ECHR
The argument from democracy
The argument from individual autonomy
A special role for freedom of speech?
Hate speech
Article
17. ECHR in hate speech cases
Holocaust denial
Article 17-immigration and integration
Hate speech under article 10
Towards positive obligations in hate speech cases?
Conclusion
Blasphemy and defamation of religion
Restrictions of article 10: Otto-Preminger-Institot, Wingrove and I. A.
Violations of article 10: Giniewski v. France, Tatlav v. Turkey
Positive obligations in the field of article
9. v. article 10
Conclusion
Religiously motivated hate speech
Anti-secular political parties: Refah Partisi and others v. Turkey
Anti-secular speech
Conclusion
Extreme speech
Zana, Yal�iner and Incal v. Turkey: political speech
S�rek v. Turkey (1)
�zt�rk and other glorification cases
Hogefeld v. Germany
The media and terrorism
Leroy v. France and Vajnai v. Hungary
Article
15. ECHR: derogation in times of emergency
Subversive political parties
Conclusion
Overall conclusion
The European Union and the Council of Europe
Introduction
Hate speech
CoE Committee of Ministers Recommendation (97)20 on "hate speech"
Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems
Blasphemy and religious hatred: Resolutions and Recommendations by the CoE Parliamentary Assembly
EU: the Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law
Extreme speech: incitement to terrorism
Council of Europe Convention on the Prevention of Terrorism
EU: the Framework Decision amending Framework Decision 2002/475/JHA on Combating Terrorism
Conclusion
International law
Introduction
The Universal Declaration of Human Rights
The International Covenant on Civil and Political Rights
Article
19. ICCPR
Defamation of religions in the UN
Article
5. ICCPR
Article
20. ICCPR
Article 20(1): War propaganda
Advocacy of hatred (article 20(2))
The relationship between articles
19. and 20
Individual petitions: Holocaust denial
Individual petitions: extreme speech and terrorism
UN Security Council Resolution 1624 (2005)
The Convention on the Elimination of all forms of Racial Discrimination
Article
4. CERD
Scope of "racial discrimination"
Background
The "due regard" clause
Positive obligations and prosecutorial discretion
The 1948 Genocide Convention and the international crime of "incitement to genocide"
Conclusion
The Netherlands
Introduction
Developments in hate speech law and rationales after 2001
Legislative proposals: "glorifying terrorism"
Legislative proposals: genocide denial
Legislative proposals: abolition of the law on blasphemy?
Legislative proposals: abolishing articles 137c-d
Developments in prosecution policy
Socio-political background
Hate speech and freedom of expression up to the 1940s
The Constitution: freedom of expression
New speech offences in the 1930s: group insult (article 137c)
New speech offences in the 1930s: blasphemy (article 147)
Freedom of expression and public debate around the 1930s
Militant democracy in the 1930s
After the war: the 1950s
Militant democracy
Public debate and minorities after the war
The 1960s/70s
Depillarisation and polarisation
The debate about immigration
Changes in the law: articles 137c/d
Changing rationale
The scope of article 137c
Groups protected
Effective use of articles 137c/d
Interpretation by the courts
Party proscriptions
Militant democracy and the Constitution
Freedom of expression
Blasphemy
The 1980s/1990s
Changes in the law: articles 137c/d
Rationale
Non-discrimination and freedom of expression in the Constitution
Proposal for a "freedom of expression clause"
Effective use of hate speech bans
Interpretation by the courts
Political discourse about immigration and multiculturalism in the 1980s/1990s
Columns and satire
Indirect insult; harm v. offence
Political parties & militant democracy
The debate on immigration
After 2001 - revisited
Interpretation by the courts
Article
10. ECHR
Religious motivation & contextual interpretation
Case law on the debate about immigration
Indirect insult and indirect incitement on the grounds of religion
Article 137d: indirect incitement and speech-consequences
The prosecution of Geert Wilders
Radicalisation, extreme speech and hate speech: the Hofstadgroep
Wider developments: public debate and political culture
Conflicting visions on freedom of expression and hate speech
The political system and "media logic"
England and Wales
Introduction
Developments in hate speech law after 2001
Stirring up religious hatred - part 3A Public Order Act 1986
Civil liberties and human rights
Prosecutions for stirring up racial and religious hatred after 2001
Stirring up hatred on the grounds of sexual orientation
Blasphemous libel
Seditious libel
Encouragement of terrorism: the Terrorism Act 2006
Prosecutions for encouragement of terrorism
Discussion on section
5. Public Order Act 1986
Proposals for amendment of section
5. POA'86
Hate speech since 9/11: wider background
Historical/constitutional framework
Freedom of expression and its restrictions before the Human Rights Act 1998
Civil liberties and Parliamentary Sovereignty
Restricting speech against the mainstream: seditious libel and blasphemous libel
The 1930s-1950s: the Public Order Act 1936
The 1960s-1970s: Race relations
Race relations: politics and the media in the 1960s-1970s
The 1980s: public order & national security
The 1990s: the Human Rights Act 1998, changes in media landscape
Racism, the media and society in the 1990s
4 After 2001 revisited
Synthesis
Introduction
The law on hate speech and extreme speech
The courts and freedom of expression
International influences
European law
Hate speech: race, religion and the boundaries of public debate
Prosecution for hate speech
Rationales
Public order and negative imaging
Social cohesion and common values
Blasphemy and religious hatred: offence and legal moralism
Protection of the majority and minorities
The blurring of hate speech and extreme speech
Hate speech bans and majority interests
"Glorifying terrorism" and majority interests
Religiously motivated speech
Background: militant democracy
Freedom of expression in political culture
Shifts in public debate, politics and the media after 2001
Freedom of expression as a "trump card"
Afterword
Samenvatting
Bibliography
Curriculum vitae

List price:
Edition: 2012
Publisher: Intersentia Uitgevers N.V.
Binding: Trade Paper
Pages: 387
Size: 6.50" wide x 9.00" long x 1.00" tall
Weight: 1.47 lbs.
Language: English

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