the limits of limitations
DESCRIPTION
EFFECTS OF (RACIST) HATE SPEECHLEGISLATION ON VICTIMS/PLAINTIFFS ANDPERPETRATORS/DEFENDANTSDr. Jogchum VrielinkCentre for Discrimination Law and Diversity LegislationLaw Faculty, University of LeuvenTRANSCRIPT
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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?