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NEW THOUGHT CONTROLS SOUGHT
EU
moves to criminalize
Europe
Moving to Criminalize Racist Internet Postings By GRETA HOPKINS BRUSSELS (IPS)—The European Commission is expected to adopt and announce rules in the next few weeks that would bind the 15 European Union (EU) members to outlaw racism and xenophobia on the Internet and offline. A draft 'Framework Decision' lays out what it terms "effective, proportionate and dissuasive" criminal penalties for racist offenses and provides a common definition of racism but grants member states leeway in ensuring compliance. The draft defines racism and xenophobia as "the belief in race, color, descent, religion or belief, national or ethnic origin as a factor determining aversions to individuals or groups." It lists six race-related offenses, which must be made punishable as a criminal offense throughout the EU. Vera Egenberger, director of the non-governmental European Network Against Racism, says the Commission's proposal "definitely goes in the right direction" and adds that European judicial authorities have only just begun to consider racial hatred as a possible motivation for murder and physical harm. Europe needs a common basis for dealing with racist crimes, especially in view of the rise in extreme rightwing movements, says Egenberger. "At the moment, EU legal provisions on racist crime are very different, especially concerning people who put racist propaganda on the Internet", she says. "A common EU approach would force the member states to take this problem seriously." The Commission's proposal starts from the premise that what is illegal in the real world should be illegal online. The document, a copy of which was obtained by IPS, notes it is very difficult to prosecute those who disseminate racist material on the Internet because racist sites often are located in non-EU countries, particularly the United States, where the offense is protected as free speech. Egenberger wants international action against racism on the Internet. "It is important that the EU adopts common sanctions, but it still has its boundaries. The United States is very against interfering with the Internet, because it sees it as a limit on the freedom of expression and speech. As a result, people who want to set up racist web sites make sure they do it in the U.S.," she says. The Commission's draft proposal would seek to ensure that member states' anti-racism legislation covers people who design racist web pages for European consumption, even if they are not on EU territory when they do it. The proposal also would make it a criminal offence to set up a racist web site while on EU territory, even if the material is not hosted in Europe. To be adopted, the proposal will have to be agreed by the 15 EU justice and home affairs ministers once the European Parliament has weighed in with its opinion. Spain, which takes up the rotating EU presidency in January, had asked the Commission to come forward with a proposal to harmonize penal law. As such, Madrid is likely to give high priority to this dossier. According to Egenberger, most countries welcome a common approach to the problem. She predicts the proposal will move quickly through the legislative process. The Commission proposes making serious public insults or threats, and distribution of racist material, punishable by custodial sentences, in turn giving rise to the prospect of extradition or surrender. A minimum prison term of two years would be handed down to people convicted of the most serious types of offences. These include "public incitement to violence or hatred for a racist or xenophobic purpose" and "directing, supporting or participating in the activities of a racist or xenophobic group, with the intention of contributing to the organisation's criminal activities." Phil Pavey, policy officer with Britain's Commission for Racial Equality, welcomes the European Commission's proposal but says legislation cannot be effective unless the police and courts are taught to use it and encouraged to do so. Britain is known as having one of the EU's most comprehensive bodies of anti-racist legislation, he says, yet "racial harassment is still at a horrendous level. Compared to where we should be, there is still enormous room for improvement."
The proposed legislation is not expected to affect those Jewish groups and individuals who regularly express their hatred and contempt for Aryans and Gentiles generally. |
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