LONDON (Reuters) - Authors of emails and Internet postings that contain
racist or xenophobic material may face criminal charges under a proposed
European treaty that is dividing the Internet and law enforcement
communities.
The proposal, drafted by the Council of Europe, would essentially
outlaw the publishing of "hate speech" on the Internet.
Welcomed by law enforcement agencies, it has been slammed by Internet
firms as impossible to enforce.
The agreement would create a comprehensive legal framework for international crimefighters as they strive to identify and prosecute cross-border hate crimes on the Internet, an area politicians are eager
to crack down on in the wake of the September 11 attacks.
"We must harmonize the laws first so that countries can cooperate in
criminal investigations regarding the Internet," Peter Csonka, principal
administrator at the Council of Europe, told Reuters on Friday. He added
that many member states have already criminalized certain activities
regarded as racist or xenophobic -- such as threatening a group on the
grounds of race, color or religion -- and that the treaty would seek to
extend that onto the Net.
FREE SPEECH OR RACIAL HATRED? The proposal has already provoked protest from civil liberties groups who maintain the proposal could
criminalize free speech, and from some Internet firms concerned over
liability issues.
Csonka said that telecommunications firms and Internet service
providers have contacted the council asking for clarification on whether
they would be held liable for hate speech posted or emailed by their
customers.
Internet Service Providers (ISPs) typically operate a policy of
"notification and takedown," in which they will remove sites containing
objectionable material if it's first brought to their attention.
Self-policing in this manner, they say, is the best way to tackle hate
speech online.
"It's almost impossible, and this is the consensus in the IPS
community too, to monitor every single piece of Web space in the
Internet community," said Paul Barker, director of corporate affairs at
Freeserve, the British ISP owned by France's Wanadoo.