-Caveat Lector-

Europeans Ban Net Hate Speech

By Julia Scheeres

Story location:
http://www.wired.com/news/business/0,1367,56294,00.html 02:00 AM Nov.
09, 2002 PT

The Council of Europe has adopted a measure that would criminalize
Internet hate speech, including hyperlinks to pages that contain
offensive content.

The provision, which was passed by the council's decision-making body
(the Committee of Ministers), updates the European Convention
on Cybercrime.

Specifically, the amendment bans "any written material, any image or
any other representation of ideas or theories, which advocates,
promotes or incites hatred, discrimination or violence, against any
individual or group of individuals, based on race, colour,
descent or national or ethnic origin, as well as religion if used as
pretext for any of these factors."

It also obliquely refers to the Holocaust, outlawing sites that deny,
minimize, approve or justify crimes against humanity,
particularly those that occurred during World War II.

"The emergence of international communication networks like the
Internet provide certain persons with modern and powerful means to
support racism and xenophobia and enables them to disseminate easily
and widely expressions containing such ideas," the council's
report on the amendment states. "In order to investigate and
prosecute such persons, international cooperation is vital."

Many European countries have existing laws outlawing Internet racism,
which is generally protected as free speech in the United
States. The council cited a report finding that 2,500 out of 4,000
racist sites were created in the United States.

Critics say that the measure may push hate groups to set up virtual
shop in the United States, pointing to a decision last year by a
U.S. judge who ruled that Yahoo did not have to block French
citizens' access to online sales of Nazi memorabilia, which are
illegal
in that country. The judge determined that U.S. websites are only
subject to American law.

"This could lead to a clash of cultures," said Cedric Laurant, a
Belgian lawyer and staff counsel with the Electronic Privacy and
Information Center. "What will happen if the French police start
asking local U.S. police to give them information about the people
running a site?"

European countries may decide to censor U.S. content themselves, as
Spain has done, suggested Carlos Sánchez Almeida, a cybercrime
lawyer located in Barcelona.

Spain recently passed legislation authorizing judges to shut down
Spanish sites and block access to U.S. Web pages that don't comply
with national laws.

"If European countries adopt the (anti-racism) amendment of the
European Council in their legislatures, they'll also be able to
block websites from the U.S.A., despite the First Amendment."

Representatives of the 44 European countries on the European Council
must decide whether to adopt or reject the measure during the
next Parliamentary Assembly session in January. Countries who support
the amendment will then need to ratify it in their national
legislatures before making it law.

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