No free speech about race in Europe

The human rights expert Anne Weber, in an introduction in the Council of Europe’s Manual on Hate Speech, had this to say: “In multicultural societies, which are characterised by a variety of cultures, religions and lifestyles, it is sometimes necessary to reconcile the right to freedom of expression with other rights, such as the right to freedom of thought, conscience and religion or the right to be free from discrimination. This reconciliation can become a source of problems, because these rights are all fundamental elements of a ‘democratic society’.

“The European Court of Human Rights has therefore affirmed that freedom of expression as guaranteed under article 10 of the European Convention on Human Rights ‘constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man.’

“But however vast the scope of freedom of expression, some restrictions to the exercise of this right may in some circumstances be necessary. Unlike the right to freedom of thought (inner conviction or forum internum), the right to freedom of expression (external manifestation or forum externum) is not an absolute right. The exercise of this freedom carries with it certain duties and responsibilities and is subjected to certain restrictions as set out in article 10(2) of the ECHR, in particular those that concern the protection of the rights of others.

Weber further explained: “The European Court has always affirmed that ‘it is particularly conscious of the vital importance of combating racial discrimination in all its forms and manifestations.’ Thus, it has emphasised in various judgements ‘that tolerance and respect for the equal dignity of all human beings constitute the foundations of a democratic, pluralistic society. That being so, as a matter of principle it may be considered necessary in certain democratic societies to sanction or even prevent all forms of expression which spread, incite, promote or justify hatred based on intolerance (including religious intolerance), provided that any ‘formalities’, ‘conditions’, ‘restrictions’ or ‘penalties’ imposed are proportionate to the legitimate aim pursued.’

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