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THE LIMITS OF LIMITATIONS

EFFECTS OF (RACIST) HATE SPEECH LEGISLATION ON VICTIMS/PLAINTIFFS AND

PERPETRATORS/DEFENDANTS

Dr. Jogchum Vrielink

Centre for Discrimination Law and Diversity Legislation Law Faculty, University of Leuven

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Introduction 2

Topic:   Intended and unintended effects of racist hate speech

legislation in Belgium   30 victims/plaintiffs and 30 perpetrators/defendants

General finding:   Predominantly negative effects for parties directly involved

Outline: 1.  Basic information on relevant legal provisions 2.  Impact on victims/plaintiffs 3.  Impact on perpetrators/defendants

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1. LEGISLATION 3

  Antiracism Act 1981   Incitement to hatred, violence and discrimination   Dissemination of ideas based on racial superiority or

hatred

  Holocaust Denial Act 1995   Denial, gross minimization, attempt to justify the

nazi-genocide

2. PLAINTIFFS/VICTIMS 4

Aims:   Alleviate harm done by racist speech

Two types:   Type I: plaintiffs in cases of direct, personal

hate speech (unmediated)   Type II: plaintiffs in cases of ‘indirect’,

general hate speech (mediated)

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2. PLAINTIFFS/VICTIMS 5

Findings:   Aim not directly relevant for type II plaintiffs

  No significant harm reported   Type I plaintiffs do report significant harm:

  Stress; insecurity; distrust   Health problems

  Aims of legislative intervention generally not achieved:

  Case not taken up; dealt with unsatisfactorily; resulting in acquittal: often secondary victimization

  Even in case of conviction (ca. 2%): dissatisfaction or harm

3. PERPETRATORS/DEFENDANTS 6

  Aims:   Dissuasion   Mentality change

Types:   Offenders by conviction   Incidentalists

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3.1. Perpetrators by conviction 7

Offenders by conviction:   Mostly Nazi’s and/or religious/occult extremists (often conspirative

world view)   Violate legislation consciously, and flagrantly

Effects of legal intervention:   No significant deterrence; no mentality change   Welcome and actively elicit prosecution

  Appreciate media-attention   Psychological effects:

  Reinforces radical and conspirative ideas   Enhances perception of self-importance

  Social effects:   Additional authority/support among ideological peers   New alliances/contacts forged due to prosecution

3.2. Incidentalists 8

Incidentalists:   Non-recurrent facts and highly contextual motivations   No (systematic) racist mindset / body of ideas; not involved in racist

groups

Effects of legal intervention:   Dissuasion occurs: no recidivism   Crosses over into far-reaching ‘chilling effects’:

  Speech   Conduct   Not only in case of conviction (!)

  Societal effects:   Including: dismissal, bankruptcy, relational problems   Approached by radical groups: risk of radicalization?