A/HRC/45/45
Streicher, the founder of the anti-Semitic newspaper Der Stürmer. The Tribunal ruled that
Streicher’s incitement to murder and extermination at the time when Jews were being killed
under the most horrible conditions clearly constituted persecution on political and racial
grounds in connection with war crimes, as defined by the Charter, and constituted a crime
against humanity.
83.
The International Criminal Tribunal for Rwanda also imposed severe penalties on
two officials of Radio-Télévision Libre des Mille Collines50 and the presenters employed by
that station for direct and public incitement to commit genocide and for persecution as a
crime against humanity on the grounds that hate media had played a key role in the
instigation of genocide. The Tribunal found a direct link between hate media and the killing
of hundreds of thousands of Tutsis.
84.
The impunity of ideologues and spreaders of hateful and discriminatory speech
facilitates the construction of a false memory that is morally repugnant and that contributes
to and encourages violence.
C.
Responsibility of the media and the need to adapt laws
85.
National and international law must be able to respond adequately to the
development of information technology. Social media that transcend borders pose
unprecedented challenges, as technology companies may be based thousands of miles from
the places where hate speech originates and where civilian populations suffer its violent
consequences.
86.
The final report of the independent international fact-finding mission on Myanmar
established that incitement to hatred through social networks and other non-electronic
media was correlated with violence against the Rohingya:
The Mission received information suggesting that the linkage between offline and
online hate speech and real world acts of discrimination and violence is more than
circumstantial. Patterns are emerging of hate speech sermons and rhetoric in specific
locations that have subsequently experienced violence, and so are indications of
peaks of online hate speech around outbreaks of violence. Such patterns and
indications need to be comprehensively examined.51
87.
The Special Rapporteur believes that, even when technology companies do not
intend to engage in criminal acts, they cannot be absolved of responsibility for providing
tools for the transmission of messages that may cause acts of violence to be inflicted on
tens or even hundreds of thousands of people. There can be no justification for allowing
social media companies to escape responsibility when they are found to have acted
negligently and to have facilitated and/or permitted the dissemination of hate speech on
their networks, inciting acts of violence that constitute international crimes.
D.
Fake news
88.
Equally worrying is the mass dissemination of fake news that can create an
atmosphere in which people are at risk of becoming dangerously radicalized, making
coexistence difficult. False information is not an exception or hiccup in the democratic
process; it reveals and exacerbates the collapse of values and the dissolution of societies. Its
appearance in the public sphere must therefore be treated with concern because, as history
shows, it has previously been a harbinger of tragedies, bloodshed and pogroms.
89.
The situation is particularly serious in fragile States, where institutions are often
weak and politicians use sectarian discourse – based on affiliation with an ethnic group,
religion, community or clan – and fake news to manipulate identities with the aim of
stirring up emotions and setting the stage for violent conflict. In this way, memory and
information can easily be weaponized.
50
51
GE.20-09155
Nahimana et al. (Media case) (ICTR-99-52), International Residual Mechanism for Criminal
Tribunals, available at https://unictr.irmct.org/en/cases/ictr-99-52.
A/HRC/39/CRP.2, para. 1326.
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