A/76/369 (a) the content and form of the speech; (b) the economic, social and political climate; (c) the position or status of the speaker; (d) the reach of the speech; and (e) the objectives of the speech. Member States, and even private actors such as the technology companies that often directly interface with racist and xenophobic content online, must remain vigilant in their identification of racist expression in national climates in which certain groups, including neo-Nazis, are openly committed to spreading and enforcing intolerance. The Committee warns that racist speech may sometimes rely on indirect language to disguise its targets or objectives and may rely on coded symbolic communication to achieve its ends. Even incitement may be express or implied, through actions such as displays of racist symbols or the distribution of materials as well as words. 5 60. Member States must take urgent action to ensure that racist expression violating the standards set out in the International Convention on the Elimination of All Forms of Racial Discrimination are made punishable by law. The Committee on the Elimination of Racial Discrimination has recommended that the criminalization of forms of racist expression be reserved for serious cases, to be proven beyond reasonable doubt, that the application of criminal sanctions be governed by the principles of legality, proportionality and necessity, and that less serious cases should be dealt with using non-criminal sanctions. 6 61. The Special Rapporteur also recalls that, in paragraph 84 of the Durban Declaration, the participants at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance condemned the persistence and resurgence of neo-Nazism, neo-fascism and violent nationalist ideologies based on racial or national prejudice. In paragraph 85 of the Declaration, they condem ned political platforms and organizations based on, among other things, doctrines of racial superiority and related discrimination, as well as legislation and practices based on racism, racial discrimination, xenophobia and related intolerance, highlightin g that they were incompatible with democracy and transparent and accountable governance. In paragraph 94 of the Declaration, participating States reaffirmed that the stigmatization of people of different origins by acts or omissions of public authorities, institutions, the media, political parties or national or local organizations is not only an act of racial discrimination but could also incite the recurrence of such acts, thereby resulting in the creation of a vicious circle which reinforces racist attit udes and prejudices, and which must be condemned. V. Conclusions and recommendations 62. The Special Rapporteur is grateful to all States and other organizations for the information provided on the measures implemented pursuant to General Assembly resolution 75/169. She also appreciates the contributions received from civil society actors. 63. The Special Rapporteur notes that some submissions referred to new trends of manifestations and incidents of discrimination, intolerance, racist and xenophobic violence involving the participation of, and motivated by extremist movements and groups of a racist or xenophobic character. In particular, some contributions referred to the new challenges on the dissemination of messages through the Internet and social media with antisemitic content and incitement to racial and ethnic hatred and violence, including the concerns regarding the use __________________ 5 6 21-13874 Committee on the Elimination of Racial Discrimination, general recommendation No. 35, paras. 7 and 16. Ibid., para. 12. 15/16