Real History and Free Speech

Posted Thursday, November 29, 2001

Alphabetical index (text) Index to the Traditional Enemies of Free Speech

Thursday, November 29, 2001

European Union considers plans to outlaw racism

By Ambrose Evans-Pritchard
in Brussels

RACISM and xenophobia would become serious crimes in Britain for the first time, carrying a prison sentence of two years or more, under new proposals put forward by Brussels yesterday.

Holocaust denial or "trivialisation" of Nazi atrocities would be banned, along with and participation in any group that promotes race hate.

The plans, drafted by the European Commission, define racism and xenophobia as aversion to individuals based on "race, colour, descent, religion or belief, national or ethnic origin".

Ordinary crimes would carry heavier penalities if they are motivated in any way by racism or xenophobia, or if the culprit is carrying out "professional activity", such as a police officer. Some of the crimes listed are, broadly speaking, offences under British law already, such as public incitement to violence.

But the list also a covers a wide range of activities that sometimes fall into the sphere of protected political speech, such as "public insults" of minority groups, "public condoning of war crimes", and "public dissemination of tracts, pictures, or other material containing expressions of racism of xenophobia" -- including material posted on far-Right internet websites.

It was not clear yesterday how the law would affect radical Islamic groups that openly promote anti-Semitic and anti-Christian views.

Nor was it clear how it would apply to political parties opposed to mass immigration, such as Austria's Freedom Party, Belgium's Vlaams Blok, and the Danish People's Party, all of which have become serious political forces.

The law could potentially cover many stand-up comedians, and even Anne Robinson, who, during an appearance on BBC television this year, described the Welsh as "irritating".

The proposals, which will require the unanimous backing of all 15 states, are aimed at ending the patchwork of different laws across the European Union and establishing a common definition that can be used by all judges. The commission appears to have adopted the most restrictive code -- Germany's -- as the basis for the rest of the EU.

Leonello Gabrici, the Commission's judicial spokesman, denied that there was any intention of curbing political expression. "This totally respects free speech. It will be up to judges to decide where the balance lies" he said.

The United Kingdom Independence Party said yesterday that it could be targeted by the new rules, noting that the Oxford English Dictionary definition of xenophobia is "a morbid fear of foreigners or foreign countries".

Nigel Farage MEP [Memebr of the European Parliament], the party's chairman, said: "I'm morbidly xenophobic about this new country called the European Union, so if that is covered by this law then I'm most certainly xenophobic and I could be extradited anywhere. So I'm going to make sure my overnight bag is packed and ready."