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withdraw their reservations to article 4 of the International Convention on the
Elimination of All Forms of Racial Discrimination and article 20 of the
International Covenant on Civil and Political Rights. She also reiterates that
“as a minimum requirement, and without prejudice to further measures,
comprehensive legislation against racial discrimination, including civil and
administrative law as well as criminal law, is indispensable to combating racist
hate speech effectively” (see CERD/C/GC/35, para. 9). The Special Rapporteur
reiterates her strong condemnation of attempts by public and private actors to
co-opt the language of equality and non-discrimination as a means of stifling
legitimate expression, and attempts to use the language of freedom of expression
as a means of or cover for violating the rights of others to equality and
non-discrimination.
64. Legal sanctions are only one part of a comprehensive strategy. Member
States, civil society and even private individuals should also take positive
measures to counter climates of intolerance. An example of the available
resources on using positive measures to combat racist expression can be found in
a 2018 report by Article 19, International Centre against Censorship. 87 Another
example is the action taken by the European Union high-level group on
combating racism, xenophobia and other forms of intolerance to adopt a code of
conduct with Facebook, Microsoft, Twitter and YouTube on illegal online hate
speech in May 2016. 88 In 2018, Google+, Instagram and Dailymotion announced
their participation in the code of conduct. 89
65. The media also have an important role to play in tackling racist and
xenophobic expression, and should observe codes of conduct that embody a
substantive commitment to racial equality, which, as discussed above, is
symbiotic with legitimate freedom of expression. The Special Rapporteur
commends initiatives such as the Ethical Journalism Network, an alliance of
reporters, editors and publishers aimed at promoting ethical journalism around
five core principles: truth and accuracy, independence, fairness and impartiality,
humanity and accountability. It proposes training, education and research to
promote fact-based communications to help people truly understand the world
around them. 90 Similarly, she welcomes the development of initiatives such as
Media against Hate, a Europe-wide campaign initiated by civil society
organizations and the European Federation of Journalists. 91
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87
88
89
90
91
22/22
Article 19, International Centre against Censorship, “Responding to ‘hate speech’: comparative
overview of six EU countries”, 2 March 2018.
See http://ec.europa.eu/justice/fundamental-rights/files/hate_speech_code_of_conduct_en.pdf.
European Commission, “Countering illegal hate speech online #NoPlace4Hate”, 11 July 2018.
Ethical Journalism Network, “The 5 principles of ethical journalism”, available at https://ethical
journalismnetwork.org/who-we-are/5-principles-of-journalism.
Article 19, International Centre against Censorship, “Self-regulation and ‘hate speech’ on social
media platforms”, 2 March 2018.
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