SAVVA TERENTYEV v. RUSSIA JUDGMENT
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should formulate restrictions on speech with sufficient precision, according to the
standards in the Convention as elaborated in the present recommendation. The
Committee stresses that measures to monitor and combat racist speech should not be
used as a pretext to curtail expressions of protest at injustice, social discontent or
opposition.”
B. Council of Europe
1. Committee of Ministers Recommendation No. R (97) 20
36. On 30 October 1997 the Committee of Ministers of the Council of
Europe adopted Recommendation No. R (97) 20 on “hate speech” and the
appendix thereto. The recommendation originated in the Council of
Europe’s desire to take action against racism and intolerance and, in
particular, against all forms of expression which spread, incite, promote or
justify racial hatred, xenophobia, anti-Semitism or other forms of hatred
based on intolerance.
37. An appendix to that recommendation defined “hate speech” as
“covering all forms of expression which spread, incite, promote or justify
racial hatred, xenophobia, anti-Semitism or other forms of hatred based on
intolerance, including: intolerance expressed by aggressive nationalism and
ethnocentrism, discrimination and hostility against minorities, migrants and
people of immigrant origin”. It went on to lay down a number of principles
that applied to hate speech. The relevant ones were:
Principle 2
“The governments of the member states should establish or maintain a sound legal
framework consisting of civil, criminal and administrative law provisions on hate
speech which enable administrative and judicial authorities to reconcile in each case
respect for freedom of expression with respect for human dignity and the protection of
the reputation or the rights of others.
To this end, governments of member states should examine ways and means to:
– stimulate and co-ordinate research on the effectiveness of existing legislation and
legal practice;
– review the existing legal framework in order to ensure that it applies in an
adequate manner to the various new media and communications services and
networks;
– develop a co-ordinated prosecution policy based on national guidelines respecting
the principles set out in this recommendation;
– add community service orders to the range of possible penal sanctions;
– enhance the possibilities of combating hate speech through civil law, for example
by allowing interested non-governmental organisations to bring civil law actions,
providing for compensation for victims of hate speech and providing for the
possibility of court orders allowing victims a right of reply or ordering retraction;