Specific Instruments
  General Instruments
  Selected Case Law
  Case Law Websites
  Human Rigths Actors
Racism, Xenophobia and Incitement Online - European Law and Policy -Problematic sites - U.S. Constitutional Protection - European Ban on Racist Speech - E.U. Framework Proposal on Racism and Xenophobia - International Standards - The Cybercrime Convention - The Yahoo! Case - The Büssow Policy in Germany - U.S. ISPs' Liability Regime - E.U. ISPs' Liability Regime - External Effects of the E.U. Policy - From Regulation to Self-Regulation.
Specific Instruments
Convention on Cybercrime
Date of adoption: 8/11/2001 Entry into force: -
System of protection: Council of Europe
International Convention on the Elimination of All Forms of Racial Discrimination
Date of adoption: 7/3/1966 Entry into force: 4/1/1969
System of protection: Universal
General Instruments
International Covenant on Civil and Political Rights (ICCPR)
Date of adoption: 16/12/1966 Entry into force: 23/3/1976
System of protection: Universal
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, ECHR)
Date of adoption: 4/11/1950 Entry into force: 3/9/1953
System of protection: Council of Europe
Charter of Fundamental Rights of the European Union
Date of adoption: 7/12/2000 Entry into force: -
System of protection: European Union
Universal Declaration of Human Rights (UDHR)
Date of adoption: 10/12/1948 Entry into force: -
System of protection: Universal
Nazi Leader's Grandson Fined Over Online Quotes
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Latest update: 31/03/2003 First published: 24/1/2002
Reference: Yahoo! News
A grandson of Adolf Hitler's deputy Rudolf Hess was fined for public incitement after putting remarks by Hess on the Internet (Holocaust denial).
Germany Struggles with Neo-Nazi Websites
Latest update: 31/03/2003 First published: 22/12/2000
Reference: BBC news
How to extend national law into the borderless world of the Internet? - Problems with implementation of the Germany's Supreme Court ruling that makes it a crime to post Nazi material aimed at internet users inside Germany - The Yahoo! case.
German Landmark Nazi Ruling
Steve GOLD
Latest update: 31/03/2003 First published: 12/12/2000
Reference: Newsbytes
A case involving an Australian Holocaust revisionist, Frederick Toben, has resulted in the German Supreme Court ruling that any Web publisher, no matter what his or her country of origin, is liable for any pro-Nazi or Holocaust denial information.
How Much Freedom for Racist Speech? : Transnational Aspects of a Conflict of Human Rights
Friedrich KUBLER
Latest update: 31/03/2003 First published: 1997
Reference: Hofstra University School of Law Review
Racist speech as an issue of constitutional law; of international law - Legislation and judicial review: the diverging ways of the US and of Germany - The "common ground" between "slippery slopes" and "margins of appreciation".
French Court Imposes Speech Restrictions Beyond Its Borders
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Latest update: 31/03/2003 First published: 20/11/2000
Reference: Center for Democracy & Technology: Free Speech
The French court ruling in the Yahoo! case and its possible implications.
Yahoo Defies Court Ruling Over Nazi Memorabilia
Latest update: 31/03/2003 First published: 21/2/2001
Reference: The Industry Standard
Yahoo! does not intend to comply with the deadline of a court order requiring the company to block French users from accessing its U.S. Web site, but says it has removed "hate-related items".
The Yahoo Case and the International Democratization of the Internet
Latest update: 31/03/2003 First published: 4/2001
Reference: Fordham Law & Economics Research Paper No 11
Analysis of the French court ruling in the Yahoo! case - A justified decision - Important normative implications for democracy - Technical changes in the Internet architecture are to empower democratic states to pursue their national policies.
Was the French ruling on Yahoo Such a Victory After All?
Latest update: 31/03/2003 First published: 16/11/2001
Reference: NYTimes.com
The French ruling in the Yahoo! case was judged not enforceable in the US on the basis of the 1st Amendment to the Constitution. The jurisdictional dilemma posed by the Internet is still pending. Implications for Yahoo! and related problems.
Case Analysis of League Against Racism and Antisemitism (LICRA), French Union of Jewish Students, v Yahoo! Inc. (USA), Yahoo! France, Tribunal de Grande Instance de Paris (The County Court of Paris), Interim Court Order, 20 November, 2000
Latest update: 31/03/2003 First published: 2001
Reference: www.cyber-rights.org
The Decision - The case and the May 2000 order - Issues related to Yahoo! Inc. - Issues related to Yahoo France - November 2000 decision - Reactions to the November 2000 case.
Fighting Nazi and Anti-Semitic Material on the Internet: the Yahoo! Case & its Global Implications
Benoit FRYDMAN - Isabelle RORIVE
Latest update: 31/03/2003 First published: 11/2/2002
Reference: Keynote presented at the Cardozo School of Law during the Conference: "Hate and Terrorist Speech on the Internet: The Global Implications of the Yahoo! Ruling in France"
The Yahoo! case: Background - Arguments: Lack of jurisdiction; Passive role of Yahoo!; First Amendment; Technical constraints - Repercussions of the case.
Tribunal de grande instance de Paris, 17ème chambre
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Latest update: 31/03/2003 First published: 26/2/2002
Reference: Le forum des droits sur Internet : Jurisprudence
Banalisation of nazism, propagation of antisemitism, promotion of Holocaust denial - Applicability of the French law - Illegal contents - Order delay. The judgment and its extracts.
German Official Asks U.S. ISPs to Block Neo-Nazi sites
Latest update: 31/03/2003 First published: 29/8/2000
Reference: CNN.com: Technology
Appeal launched by Düsseldorf District Government President Jürgen Büssow, to the US ISPs responsible for three sites that carry anti-Semitic and racist content. Article 7 of the Universal Declaration of Human Rights invoked.
Portals Under Fire for Offensive Material
Latest update: 31/03/2003 First published: 30/8/2000
Reference: Computer Reseller News: Personal comptuing / Internet / News
Büssow's initiative against US-based hate sites - Background of regulation of Internet content in Germany.
Interview of the Council of Europe Secretary General: "The aim is to harmonise criminal law"
Edouard LAUNET
Latest update: 02/03/2003 First published: 9/3/2002
Reference: Libération
The Cybercrime Convention and its Additional Protocols - Issue of racism - Ratification and Implementation of the Convention.
Beefed-Up Global Surveillance?
Latest update: 02/03/2003 First published: 20/2/2002
Reference: Wired News
An addition to the "Cybercrime Convention" could permit police to cooperate more closely on intercepting and decrypting the communications of suspected terrorists. A report on the drafting process.
Rare Case Has Norwegian Man Convicted of Racism on the Web
Latest update: 02/03/2003 First published: 24/4/2002
Reference: Law.com
A Norwegian was sentenced to prison for posting racist and anti-Semitic propaganda on a Web site.
Regulating Internet Content through Intermediaries in Europe and the USA
Benoit FRYDMAN - Isabelle RORIVE
Latest update: 26/02/2003 First published: 2002
Reference: Zeitschrift fur Rechtssoziologie 23 (2002), Heft 1, S. 41-59
This paper emphasises the key role played by Internet Service Providers in the current developments in Internet content regulation. At present, no common international standards govern free speech limits on the Internet. Racist speech ...
U.S. Constitution: First Amendment. Amendment Text and Annotations
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Latest update: 25/02/2003 First published: -
Reference: FindLaw : Main Index : Cases and Codes : U.S. Constitution : First Amendment
The First Amendment prevents the Congress, and by extension any public authority, from interfering in the content of communications that take place in a public forum. Amendment Text and Annotations - Scholarly Commentary - Cases.
Hate Speech in Constitutional Jurisprudence: A Comparative Analysis
Latest update: 25/02/2003 First published: 4/2001
Reference: Cardozo Law School, Public Law Research Paper No. 41
An analysis in light of changes brought by new technologies, such as the internet, which allow for worldwide spread of protected hate speech originating in the US. Conclusion: the US approach is less defensible than its counterparts elsewhere.
The Trouble With Regulating Hate
Latest update: 24/02/2003 First published: 31/7/2000
Reference: The Industry Standard
Governments in the U.S. and Europe are looking for ways to limit the reach of online hate sites. One problem : Free speech. Hatred online won't be eradicated with harsh laws, aggressive software filters or even cybersquatting.
The Nazis: A Lucrative Industry
Latest update: 20/02/2003 First published: 3/1/2001
Reference: CNN.com - World - Europe
The trade in Nazi memorabilia is an international, multi-million dollar business involving dealers and collectors from countries across the world. Despite the efforts of certain governments to clamp down on it, the interest remains undiminished.
Battling online hate
Latest update: 19/02/2003 First published: 30/8/2001
Reference: BBC News - World - Americas
One of the issues on the agenda at the World Conference on Racism in South Africa is the role of the media in addressing racism. How does a democratic society respond to racist or other offensive speech without trampling the right of free expression?
Languages: English
Provides a list of links to the major categories of concern to the Center: Antisemitic, Homophobic, Klan, Music, Skinheads, White Power, Targeting Youth, Targeting Women, Miscellaneous, Religious Extremism, Neo-Nazi, International, Mayhem.
Languages: English
Website of the think tank Runnymede - Ethnicity and cultural diversity - Publications on line
Selected Case Law
Reno, Attorney General of the United States, et al. v. American Civil Liberties Union et al.
Date: 26/6/1997
Decision-making body: U.S. Supreme Court
Legal reference: U.S. S.C, 1997, N° 96-511
The Internet, unlike Radio and Television, is granted the full protection of the First Amendment. This does not affect the right of private actors, like universities, business corporations and ISPs, to impose their own standards and terms of service.
Ashcroft, Attorney General, et al. v. Free Speech Coalition et al.
Date: 16/4/2002
Decision-making body: US Supreme Court
Legal reference: No. (00-795) 198 F.3d 1083, affirmed
Two provisions of The Child Pornography Prevention Act of 1996 were held overbroad and unconstitutional.
Case Law Websites
Juriscom.net - Affaire Yahoo!
Languages: French
A page of the site Juriscom devoted to French civil Yahoo! case. Briefs, reports, rulings, commentaries.
"Digital Hate 2002" CD-ROM
The Simon Wiesenthal Center Date: 17/7/2002
Reference: Item Number: AM08
Source: The Simon Wiesenthal Center
The CD-ROM (available for sale) highlights more than 200 web sites that feature animated hate games, online enrollment for suicide bombers, Neo-Nazi online identity theft etc, and promotion of terror after the 9/11 terrorist attacks on the WWW.
Short Statement on behalf of EUMC at Public Hearing of the European Commission regarding Computer-related Crime on 7.3.2001 in Brussels
European Monitoring Centre on Racism and Xenophobia Date: 27/2/2001
Reference: EUMC U1 1604 NN
Source: EUMC
Racism on the internet is a growing problem - 3 main benefits to racist groups - A need for a concerted action of states.
Law of Internet Speech (2nd ed.)
Reference: Durham, North Carolina, Carolina Academic Press, 2002
Languages: English
Dense, detailed and practical presentation of American law of circulation of information on the Internet (freedom of speech, content regulation, intellectual property, privacy). Includes large excerpts from relevant classical and most recent case-law
L'Union européenne et la gouvernance
F. Snyder Ed.
Reference: Bruxelles, Travaux du CERIC, Bruylant, 2003
Languages: English French
While focusing on governance in the EU integration process, the book studies a number of Human Rights-related issues, such as the regulation of the Internet, the common asylum policy and the positioning the EU HR system in its international context.
Actualité et Droit International
Contact: despretz@ridi.org http://www.ridi.org/adi/
Languages: French
E-journal of international news legal analysis. Articles (archive from 1998, quick search), chronicles and cases, discussions, international news, announcements. Useful links.
Human Rights Actors
Runnymede ()
http://www.runnymedetrust.org Type:Research / Education
Founded in 1968, Runnymede is a leading independent think tank on ethnicity and cultural diversity. Our mandate since inception has been to challenge racial discrimination, to influence related legislation and to promote a successful multi-ethnic Britain.