Implementation of Transitional Laws in Serbia 2006

Implementation of Transitional Laws in Serbia 2006Europe No. R (97) 20 443 , which states that the term hate speech coversall forms of expression which spread, incite, promote or justify racialhatred, xenophobia, anti-Semitism or other forms of hatred based onintolerance, including intolerance expressed by aggressive nationalism andethnocentrism, discrimination and hostility against minorities, migrantsand people of immigrant origin 444 . The same document recommendsthat national law and practice in the area of hate speech should take dueaccount of the role of the media in communicating information and ideaswhich expose, analyze and explain specific instances of hate speech andthe underlying phenomenon in general as well as the right of the public toreceive such information and ideas. To this end, national law and practiceshould distinguish clearly between the responsibility of the author ofexpressions of “hate speech on the one hand and any responsibility ofthe media and media professionals contributing to their dissemination aspart of their mission to communicate information and ideas on matters ofpublic interest on the other hand 445 .It should be pointed out that the International Convention on theElimination of All Forms of Racial Discrimination 446 defines the term“racial discrimination” as any distinction, exclusion, restriction or preferencebased on race, color, descent, or national or ethnic origin which has thepurpose or effect of nullifying or impairing the recognition, enjoyment orexercise, on an equal footing, of human rights and fundamental freedomsin the political, economic, social, cultural or any other field of publiclife 447 . The preamble of this convention states that all states signatories,including Serbia and Montenegro, agree that any doctrine of superioritybased on racial differentiation is scientifically false, morally condemnable,socially unjust and dangerous, and that there is no justification for racialdiscrimination, in theory or in practice,” and that the existence of racialbarriers is repugnant to the ideals of any human society 448 .443 Recommendation of the Committee of Ministers of the Council of Europe No. R (97) 20, adopted on October30 th , 1997, is available at: http://www.mediacenter.org.yu/upload/pravo_doc/Preporuka%20R%20_97_%2020.pdf#search=%22Preporuka%20Komiteta%20ministara%20Saveta%20Evrope%20br.%20R(97)20%22 ,visited on November 25 th , 2006444 Ibid, Appendix to Recommendation, part “Scope”445 Ibid, Principle 6446 The International Convention on the Elimination of All Forms of Racial Discrimination, adopted on December21 st , 1965 and entered into force on January 4 th , 1969, is available at: http://www.unmikonline.org/regulations/unmikgazette/05bosniak/BRacialdiscrimination.pdf,visited on November 25 th , 2006447 Ibid, Article 1448 Ibid, Preamble95