Would it advance the liberalism of British society one whit if David Irving, the historian who challenged the extent of the Holocaust, had been fined for his opinions, as he was in Germany in 1991?

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London, Wednesday, April 3, 2002

Editorial

Thought Crimes

BRUSSELS is putting renewed pressure on the prime minister to make Holocaust denial a criminal offence, as part of a package of proposals which would harmonise European law on xenophobia and racism.

If this happened, the expression of an aversion to individuals based on their "race, colour, descent, religion or belief, national or ethnic origin" could be punished with a prison sentence; further, those accused of the offence could be tried in any EU state without any niceties in the way of extradition procedures. If there is any measure that illustrates the folly of across-the-board harmonisation of European laws, this is it.

Plainly, there are valid reasons why German citizens are forbidden to question the extent and horrific nature of the Holocaust, since the state is perpetually vigilant against any possible resurgence of anti-Semitic groups; indeed, recently an American was sentenced to four years in prison in Germany (of which he served three) for distributing Holocaust-denial material. But those considerations simply do not apply here. There are laws which prevent the incitement of violence, against groups as well as individuals, and there are laws against discrimination based on race. That is all we need.

Would it advance the liberalism of British society one whit if David Irving, the historian who challenged the extent of the Holocaust, had been fined for his opinions, as he was in Germany in 1991? Would English benevolence towards the Welsh be any greater if Anne Robinson were to be prosecuted for saying that she finds the Welsh "irritating"? Would it advance the position of Muslims if it were illegal to criticise, say, the polygamy of Mohammed?

There is no rationale for this law in the present condition of Britain. It would diminish the freedom of the individual without advancing the well-being of any single ethnic or religious group. Tolerance is one respect in which Britain needs no lessons from the European Union.

Daily Telegraph leader article: "Liberty to Think Ill" | Blair shies away from EU law on Holocaust

Auberon Waugh asked: "I cannot help asking myself what sort of truth requires these sanctions" after Germany fined David Irving $20,000.