A/HRC/2/6
page 22
48
See Lingens v. Austria, 8 July 1986, Application No. 9815/82, paras. 39-40 (European Court of Human Rights),
again interpreting a similar rule in the Article 10 of the ECHR.
49
See Bossuyt, M., Guide to the “Travaux Préparatoires” of the International Covenant on Civil and Political
Rights (Dordrecht: Martinus Nijhoff Publishers, 1987), pp. 398-411.
50
See Bossuyt, p. 406.
51
Para. 11.1.
52
See Mahalic and Mahalic, p. 94.
53
General Policy Recommendation N° 7: On National Legislation to Combat Racism and Racial Discrimination,
adopted 13 December 2002.
54
Prohibition of propaganda for war and inciting national, racial or religious hatred (Art. 20), 29 July 1983.
55
See, McGoldrick, D. and O’Donnell, T., “Hate-speech laws: consistency with national and international human
rights law” (1998) 18 Legal Studies 453, suggesting that the predominant means of addressing hate speech is
through civil remedies. See p. 457.
56
Recommendation R(97)20 of the Committee of Ministers of the Council of Europe on ‘Hate Speech’, 30 October
1997, Principle 2. See also the European Commission Against Racism and Intolerance’s General Policy
Recommendation N° 7: On National Legislation to Combat Racism and Racial Discrimination, adopted 13
December 2002.
57
See, for example, Ross and Dogan.
58
Adopted by the Second World Congress of the International Federation of Journalists (IFJ) at Bordeaux on 25-28
April 1954 and amended by the 18th IFJ World Congress in Helsingör on 2-6 June 1986.
59
General Recommendation 29: Article 1, paragraph 1 of the Convention (Descent), 1 November 2002, para. 20.
60
“Freedom of Speech and Racism” (1987) 8 Cardozo Law Review 445, p. 456.
61
See Simon, J., “Of Hate and Genocide: In Africa, Exploiting the Past” January/February 2006 Columbia
Journalism Review 9.
62
Kamatali makes this specific point but also the more general one that, in weak States, it is extremely difficult to
promote an appropriate balance between freedom of expression and restrictions, given the limited capacity to apply
the law and to apply it fairly. See pp. 57-58.
63
Act No. 13 of 2000.
64
Joint Statement on Racism and the Media, 27 February 2001.
65
Broadcasting Act, S.C. 1991, c. 11, section 3(m)(viiii). See also Hungarian Act 1 of 1996 on Radio and Television
Broadcasting, Article 2(26), which requires the public broadcaster to carry minority programming.
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