On 16 – 17 November, the European Commission against Racism and Intolerance organized an expert seminar devoted to the exchange of views on the topic of: combating racism (hate speech) while respecting freedom of expression. Halina Bortnowska participated in the seminar as the representative of the informal group “Viridarium”, operating alongside the HFHR. (24-NOV-06)
Written by Halina Bortnowska, Member of the Helsinki Committee in Poland
THE RIGHT TO BE FREE FROM RACISM THROUGH FREEDOM OF EXPRESSION
ECRI – i.e. The European Commission against Racism and Intolerance – organized an expert seminar devoted to the exchange of views on the current topic of: combating racism (hate speech) while respecting freedom of expression (16-17.11.2006). In the direct vicinity of the Strasbourg Court of Human Rights around 50 participants and 24 panelists discussed legal protection against racist discourse in the media and the destiny of freedom of expression in a world full of ever-increasing conflicts. The panelists included ECRI experts as well as well-known lawyers, parliamentarians, journalists and representatives of media monitoring organizations. This group included a representative from Poland – Prof. Bronis³aw Geremek.
The entire activity of the ECRI, focused on combating intolerance and all forms of racism, including anti-Semitism, is developed with respect for solicitude for freedom. Under strained circumstances, the reconciliation of two human rights values is becoming very difficult. Selecting one of them as a priority may seem tempting, especially when it is linked with one’s profession (journalists). European legal standards provide legislators with a strong basis to ban racist and anti-Semitic discourse. It has been interesting to observe the contest between these factors. In practice these must be carefully balanced. Professor Andras Sajo has shown the diversity of elements dominating the legislation of several EU Member States.
Personally, I particularly appreciate the statement made by Agnès Callamard, the executive director of an NGO called “Article 19” (GLOBAL CAMPAIGN FOR FREE EXPRESSION, London). She is the author of the phrase I used in the title: “The Right to be Free from Racism THROUGH Freedom of Expression”. I am for prohibiting the abuse of freedom. But just as Callamard I believe that the best result can be achieved by using freedom of expression in the interest of the right to be free from hate discourse, meaning against racism and intolerance. This relates to a positive – and extremely professional – presentation of diversity, the wealth of “all those who are different, all those who are equal”. Such use of the media is possible, and certainly not prohibited, but there are obstacles. A great obstacle, and perhaps the main one, consists in the fact that Human Rights are not a commercial attraction, and the reduction of the costs of information is also done at the expense of quality and the journalists’ opportunities for development.
More information about ECRI at http://www.coe.int/t/E/human_rights/ecri/
