Freedom of Speech Is Not an Alibi for Hatred

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On October 16, 2009, the Youth Initiative for Human Rights and Civil Rights Defenders organized the “Hate Speech and Creation of Atmosphere of Violence” debate, at the Belgrade Media Centre, following the first unappealable ruling in Serbia, in YIHR vs. Glas Javnosti daily and YIHR vs. Nova srpska politička misao magazine, that instituted proceedings against hate speech.

Dragan Popovic, YIHR Programme Manager, said that it was not YIHR's intent to showdown with reporters and editors, but to have the courts start getting accustomed to the fact that they must fight against hate speech. He pointed out that YIHR had filed several petitions against hate speech, but judicial proceedings had never been instituted due to lack of awareness of the fact that hate speech is a direct violation of human rights.

Popović noted that the battle against hate speech has to be waged at institutional level and by means of institutional methods. "There has neither been much talk to this topic in Serbia, nor are there many experts specialized in this field", warned Mr. Popović.

Biljana Kovačević-Vučo, president of the Lawyers' Committee for Human Rights, concurred with the view that hate speech is a novelty for lawyers in Serbia as well and that few competent people are concerned with this issue. Kovačević-Vučo disagreed with the recommendation that associations of journalists should be regulating the rules for countering hate speech.

"Hate speech is not an issue of self-regulation, but of precisely defined legal norms", said Ms. Kovačević-Vučo.

Dragan Popović, noted the case of the article titled "Fathers, Forefathers and Stepmothers of Serbia", by Zoran Grbić, published in "Nova srpska politička misao" magazine of April 29, 2009, denigrates Albanians, discriminating against them as a nation.

Ljiljana Smajlović, president of the Journalists' Association of Serbia, however, deems that judges should not classify Grbić's article as hate speech and that a society should not prohibit publication of different views, which may bring about the risk of having whole scientific fields and disciplines prohibited.

The first unappealable ruling pertaining to hate speech was published on April 1, 2009, pursuant to YIHR's suit against the “Glas javnosti” daily apropos calls for boycott of the Croatian chain store “Idea” voiced in 2006.

For extended report on the debate, visit the article on YIHR website. (Source: Jasmina Lazović – YIHR)

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