SAVVA TERENTYEV v. RUSSIA JUDGMENT 9 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;

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