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25 Neth. Q. Hum. Rts. 641 (2007)
Attacking Hate Speech under Article 17 of the European Convention on Human Rights

handle is hein.journals/nethqur40 and id is 641 raw text is: ATTACKING HATE SPEECH UNDER ARTICLE 17 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS DAVID KEANE Abstract The issue of racist or hate speech engages both Article 10 and Article 17 of the European Convention on Human Rights. The early admissibility decisions of the Commission, invoking Article 17 alone, or Article 10 in conjunction with Article 17, reflected a confused understanding of the relationship between the provisions. The Lehideux and Isorni vs France (1996) judgement of the European Court of Human Rights clarified that Article 17 applies only in the context ofHolocaust denial and related questioning of historicalfacts, and as a result, racist orxenophobic speech against minorities is protected under Article 10(1) of the Convention. The article asks whether all racist speech should find protection under Article 10(1), interference being allowed only when balanced against the conditions ofArticle 10(2); or whether all such speech should be condemned and attacked under Article 17 The philosophical arguments and legal implications of both approaches are analysed. Finally, the desire to protect criticism of religion at the European level is explored in the context of the 'Danish cartoons' controversy and the evolving meaning of the term 'hate speech'. Mr Bloom, availing himself of the right offree speech, he having just a bowing acquaintance with the language in dispute, though, to be sure, rather in a quandary over voglio..,. James Joyce, Ulysses 1. INTRODUCTION In 2005/2006, the prosecution of David Irving in Austria for Holocaust denial, and the controversy over the cartoons of the Prophet Mohammad in the Danish newspaper Jyllands-Posten, highlighted two very different approaches to freedom of expression Lecturer in Law, Brunel University, West London, United Kingdom. Netherlands Quarterly of Human Rights, Vol. 25/4,641-663,2007. @ Netherlands Institute of Human Rights (SIM), Printed in the Netherlands. 641

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