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Reply #11: An-Ox Session: Hate Speech in the Netherlands [View All]

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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-20-10 06:52 PM
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11. An-Ox Session: Hate Speech in the Netherlands
... judges .. in the Netherlands.. do not have the power to decide whether a provision concerning the media is constitutional or not. The notion in the Netherlands is that the Parliament is best equipped to make these kinds of decisions. Judges are able to get past this hurdle, however, via Article 10 of the Human Rights Convention of the COE. In most member states (including the Netherlands), the Convention applies directly, and judges are obligated to apply the provision of Article 10 where applicable ... In the Netherlands a person may be punished for .. incitement to hatred ... Wilders has made many statements about keeping Muslims out of the Netherlands and forbidding the Koran, even going so far as to compare it to Mein Kampf. The Dutch prosecutor assigned to dealing with complaints against Wilders initially opted not to prosecute him, explaining that it would do more harm than good, effectively drawing attention to Wilders political agenda. The appellate court later ordered the prosecutor to file charges, stating the need for adherence to rule of law in the Netherlands and discouraging the kind of political decisionmaking that had been done by the prosecutor ...

http://www.globalmedialaw.com/blog/?p=690
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