THE LIMITS OF LIMITATIONS

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Centre for Media Pluralism and Media Freedom

EFFECTS OF (RACIST) HATE SPEECH LEGISLATION ON VICTIMS/PLAINTIFFS AND PERPETRATORS/DEFENDANTS Dr. Jogchum Vrielink Centre for Discrimination Law and Diversity Legislation Law Faculty, University of Leuven

Education Spiritual

4/3/12

Dr. Jogchum Vrielink

Centre for Discrimination Law and Diversity Legislation
Law Faculty, University of Leuven
1

THE LIMITS OF LIMITATIONS

EFFECTS OF (RACIST) HATE SPEECH
LEGISLATION ON VICTIMS/PLAINTIFFS AND
PERPETRATORS/DEFENDANTS

Introduction
2

Topic:
  Intended and unintended effects of racist hate speech
legislation in Belgium
  30 victims/plaintiffs and 30 perpetrators/defendants
General finding:
  Predominantly negative effects for parties directly involved
Outline:
1.  Basic information on relevant legal provisions
2.  Impact on victims/plaintiffs
3.  Impact on perpetrators/defendants

1

4/3/12

1. LEGISLATION
3

  Antiracism Act 1981
  Incitement to hatred, violence and discrimination
  Dissemination of ideas based on racial superiority or
hatred

  Holocaust Denial Act 1995
  Denial, gross minimization, attempt to justify the
nazi-genocide

2. PLAINTIFFS/VICTIMS
4

Aims:
  Alleviate harm done by racist speech

Two types:
  Type I: plaintiffs in cases of direct, personal
hate speech (unmediated)
  Type II: plaintiffs in cases of ‘indirect’,
general hate speech (mediated)

2

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2. PLAINTIFFS/VICTIMS
5

Findings:
  Aim not directly relevant for type II plaintiffs
  No significant harm reported
  Type I plaintiffs do report significant harm:
  Stress; insecurity; distrust
  Health problems
  Aims of legislative intervention generally not
achieved:
  Case not taken up; dealt with unsatisfactorily; resulting in
acquittal: often secondary victimization
  Even in case of conviction (ca. 2%): dissatisfaction or harm

3. PERPETRATORS/DEFENDANTS
6

  Aims:
  Dissuasion
  Mentality change

Types:
  Offenders by conviction
  Incidentalists

3

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3.1. Perpetrators by conviction
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Offenders by conviction:
  Mostly Nazi’s and/or religious/occult extremists (often conspirative
world view)
  Violate legislation consciously, and flagrantly

Effects of legal intervention:
  No significant deterrence; no mentality change
  Welcome and actively elicit prosecution
  Appreciate media-attention
  Psychological effects:
  Reinforces radical and conspirative ideas
  Enhances perception of self-importance
  Social effects:
  Additional authority/support among ideological peers
  New alliances/contacts forged due to prosecution

3.2. Incidentalists
8
Incidentalists:
  Non-recurrent facts and highly contextual motivations
  No (systematic) racist mindset / body of ideas; not involved in racist
groups

Effects of legal intervention:
  Dissuasion occurs: no recidivism
  Crosses over into far-reaching ‘chilling effects’:
  Speech
  Conduct
  Not only in case of conviction (!)
  Societal effects:
  Including: dismissal, bankruptcy, relational problems
  Approached by radical groups: risk of radicalization?

4

Delfi AS, an online news portal in Estonia, published an article about a company destroying an ice road. The article attracted 185 comments, about 20 of which contained threats and offensive language directed at the company's board member. Over a month later, the board member requested the comments be removed and sought damages for reputational harm. This raised the issue of whether Delfi, as the online platform, or the individual users who posted the comments could be held liable. The case implicates the liability of internet intermediaries under the EU E-Commerce Directive and raises debates around balancing freedom of expression online and limiting hate speech.

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THE LIMITS OF LIMITATIONS

1. 4/3/12 Dr. Jogchum Vrielink Centre for Discrimination Law and Diversity Legislation Law Faculty, University of Leuven 1 THE LIMITS OF LIMITATIONS EFFECTS OF (RACIST) HATE SPEECH LEGISLATION ON VICTIMS/PLAINTIFFS AND PERPETRATORS/DEFENDANTS Introduction 2 Topic:   Intended and unintended effects of racist hate speech legislation in Belgium   30 victims/plaintiffs and 30 perpetrators/defendants General finding:   Predominantly negative effects for parties directly involved Outline: 1.  Basic information on relevant legal provisions 2.  Impact on victims/plaintiffs 3.  Impact on perpetrators/defendants 1

2. 4/3/12 1. LEGISLATION 3   Antiracism Act 1981   Incitement to hatred, violence and discrimination   Dissemination of ideas based on racial superiority or hatred   Holocaust Denial Act 1995   Denial, gross minimization, attempt to justify the nazi-genocide 2. PLAINTIFFS/VICTIMS 4 Aims:   Alleviate harm done by racist speech Two types:   Type I: plaintiffs in cases of direct, personal hate speech (unmediated)   Type II: plaintiffs in cases of ‘indirect’, general hate speech (mediated) 2

3. 4/3/12 2. PLAINTIFFS/VICTIMS 5 Findings:   Aim not directly relevant for type II plaintiffs   No significant harm reported   Type I plaintiffs do report significant harm:   Stress; insecurity; distrust   Health problems   Aims of legislative intervention generally not achieved:   Case not taken up; dealt with unsatisfactorily; resulting in acquittal: often secondary victimization   Even in case of conviction (ca. 2%): dissatisfaction or harm 3. PERPETRATORS/DEFENDANTS 6   Aims:   Dissuasion   Mentality change Types:   Offenders by conviction   Incidentalists 3

4. 4/3/12 3.1. Perpetrators by conviction 7 Offenders by conviction:   Mostly Nazi’s and/or religious/occult extremists (often conspirative world view)   Violate legislation consciously, and flagrantly Effects of legal intervention:   No significant deterrence; no mentality change   Welcome and actively elicit prosecution   Appreciate media-attention   Psychological effects:   Reinforces radical and conspirative ideas   Enhances perception of self-importance   Social effects:   Additional authority/support among ideological peers   New alliances/contacts forged due to prosecution 3.2. Incidentalists 8 Incidentalists:   Non-recurrent facts and highly contextual motivations   No (systematic) racist mindset / body of ideas; not involved in racist groups Effects of legal intervention:   Dissuasion occurs: no recidivism   Crosses over into far-reaching ‘chilling effects’:   Speech   Conduct   Not only in case of conviction (!)   Societal effects:   Including: dismissal, bankruptcy, relational problems   Approached by radical groups: risk of radicalization? 4

THE LIMITS OF LIMITATIONS

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