A/HRC/2/6
page 17
V.
THE RESPONSIBILITY TO PROMOTE TOLERANCE
AND UNDERSTANDING
71.
One of the main rationales for prohibiting hate speech and advocacy of hatred is to
safeguard the rights of minorities and affected people. Yet, the effectiveness of hate speech
prosecutions in curbing the underlying concern, racial or religious hatred, may, at least in some
contexts, be doubted. Indeed, it may be conceivable that the prohibition of speech may, in fact,
provide platforms to amplify hate speech to the extent that those convicted of propagating hate
speech are viewed as martyrs rather than criminals by their fellow racists. In this regard,
prosecution can provide a far more effective platform for those espousing racist views than
would otherwise be available to them.
72.
On the other hand, there is a counter-argument that the prohibition of incitement should
not be viewed exclusively from the point of view of their effectiveness because there is an
intrinsic value in such action as an expression of public disapproval. In this sense, the action
serves as a statement of support for victims. In other words, democratic societies must condemn
speech which is inherently inimical to equality to maintain their own commitment to that very
value and cannot remain passive. 60
73.
Related to the question of effectiveness is the potential for abuse of the law on incitement
to suppress unpopular speech or stifle dissent.61 This is particularly problematic where freedom
of expression is suppressed and the power of the truth is weak. In such a climate, hate speech
laws are ineffective and may even be counterproductive.62 Indeed, even in far less polarized
contexts, such laws may be used to suppress minority viewpoints.
74.
Giving voice to minorities is also an important way to combat racism. Racism is often
based on a portrayal of minority groups as one-dimensional others who have collective
shortcomings such as stupidity, ignorance, greed or whatever. Such distortions are based on
ignorance about these minorities and ensuring their presence in the media, particularly the
broadcast media, is an important way of combating such ignorance.
75.
Media diversity in the sense of ensuring minority access can be promoted in a number of
ways, including through the broadcast licensing process and by providing subsidies to minority
print media. In South Africa, for example, article 2(a) of the Independent Communications
Authority of South Africa Act (ICASA Act) states one of the three objects of the Act to be to,
“regulate broadcasting in the public interest and to ensure fairness and a diversity of views
broadly representing South African society”.63
76.
Civil society and, in particular, the media, have an important role to play in combating
racism. While such a role should not be enforced by law, it nevertheless represents an important
social duty for these actors. As the three special mandates for freedom of expression – the United
Nations Special Rapporteur on freedom of opinion and expression, the OSCE Representative on
Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression – have stated:
Media organisations, media enterprises and media workers – particularly public
service broadcasters – have a moral and social obligation to make a positive
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