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24 - A Survey and Critical Analysis of Council of Europe Strategies for Countering “Hate Speech”

Published online by Cambridge University Press:  05 June 2012

Michael Herz
Affiliation:
Cardozo School of Law
Peter Molnar
Affiliation:
Center for Media and Communications, Central European University, Budapest
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Summary

Introduction

The Council of Europe is a regional intergovernmental organization committed to ensuring respect for human rights, democracy, and the rule of law throughout Europe. Its current membership is forty-seven states. Its primary aim, as set out in its statute, is to “achieve a greater unity between its members for the purpose of safeguarding and realizing the ideals and principles which are their common heritage and facilitating their economic and social progress.” It pursues this aim “through the organs of the Council by discussion of questions of common concern and by agreements and common action in economic, social, cultural, scientific, legal and administrative matters and in the maintenance and further realization of human rights and fundamental freedoms.”

The Council employs a number of concurrent strategies to counter “hate speech.” These strategies have been developed pursuant to the Council's various treaties and other standard-setting and monitoring initiatives. While they are broadly congruent in terms of their overall objectives and approaches, each initiative is characterized by its own priorities, emphases, and procedural possibilities. This has resulted in considerable diversity in the range of strategies devised by the Council to combat “hate speech.” They include: the denial or reduction of legal protection for “hate speech”; the facilitation and creation of expressive opportunities (especially access to the media) for minorities; and the promotion of intercultural dialogue and understanding at the societal level.

Type
Chapter
Information
The Content and Context of Hate Speech
Rethinking Regulation and Responses
, pp. 456 - 498
Publisher: Cambridge University Press
Print publication year: 2012

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References

Jacobs, James B.Potter, KimberlyHate Crimes: Criminal Law and Identity PoliticsOxford University Press 1998Google Scholar
Gaudreault-DesBiens, Jean-FrançoisFrom Sisyphus's Dilemma to Sisyphus's Duty? A Meditation on the Regulation of Hate Propaganda in Relation to Hate Crimes and GenocideMcGill L.J 121 2000Google Scholar
Benoît-Rohmer, FlorenceKlebes, HeinrichCouncil of Europe Law: Towards a Pan-european Legal Area31Council of Europe Publishing 2005Google Scholar
Harris, DavidLaw of the European Convention on Human Rights648Oxford University Press 2009Google Scholar
McGonagle, TarlachWresting (Racial) Equality from Tolerance of Hate SpeechDublin Univ. L.J 21 2001Google Scholar
McGonagle, Tarlach 2003
Weber, AnneManual on Hate SpeechCouncil of Europe 2009Google Scholar
European Commission against Racism and Intolerance (ECRI)Combating racism while respecting freedom of expressionCouncil of Europe 2007Google Scholar
Oetheimer, MarioProtecting Freedom of Expression: The Challenge of Hate Speech in the European Court of Human Rights Case LawCardozo J. Int'l & Comp. L 427 2009Google Scholar
Schauer, FrederickIs It Better to Be Safe Than Sorry?: Free Speech and the Precautionary PrinciplePepp. L. Rev 301 2009Google Scholar
Gelber, KatharineSpeaking Back: The Free Speech Versus Hate Speech DebateJohn Benjamins Publishing 2002CrossRefGoogle Scholar
Thórhallsson, PállFreedom of Political Debate and the Council of EuropeIRIS Special: Political Debate and the Role of the Media – The Fragility of Free SpeechEuropean Audiovisual Observatory 2006Google Scholar
Transnational Media Events: The Mohammed Cartoons and the Imagined Clash of CivilizationsEide, ElisabethNordicom 2008
Boyle, KevinThe Danish CartoonsNetherlands Q. Hum. Rts 185 2006Google Scholar
Post, RobertReligion and Freedom of Speech: Portraits of MuhammadConstellations 72 2007Google Scholar
Keane, DavidCartoon Violence and Freedom of ExpressionHum. Rts. Q 845 2008Google Scholar
2009
Hollo, LannaThe European Commission against Racism and Intolerance (ECRI): Its First 15 YearsCouncil of Europe 2009Google Scholar
2006
Cardinale, GiancarloThe Preparation of ECRI General Policy Recommendation No 7 on National Legislation to Combat Racism and Racial DiscriminationThe Development of Legal Instruments to Combat Racism in a Diverse EuropeMartinus Nijhoff 2004Google Scholar
McGonagle, Tarlach 2005

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