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

Name: Hate Speech Revisited A Comparative and Historical Perspective on Hate Speech Law in the Netherlands and England and Wales
Price: 121.34 USD
Availability: InStock
ISBN: 9781780680323

ISBN-10: 1780680325

ISBN-13: 9781780680323

Edition: 2012

Authors: Marloes van Noorloos, School of Human Rights Research Staff

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Description:

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…

Book details

List price: $75.00
Copyright year: 2012
Publisher: Intersentia Uitgevers N.V.
Publication date: 12/17/2011
Binding: Paperback
Pages: 373
Size: 6.50" wide x 9.00" long x 0.80" tall
Weight: 1.496
Language: English




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, Yalï¿½iner and Incal v. Turkey: political speech



Sï¿½rek v. Turkey (1)



ï¿½ztï¿½rk 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