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page 15
propaganda, including by electronic means. In October 1997, the Swedish
Government adopted a bill on liability arising from the use of the Internet.
While the Special Rapporteur welcomes such national initiatives, he remains
convinced that only globally concerted action will be effective enough to halt
the tendency to use the Internet for racist and xenophobic purposes, in view
of the global, cross-frontier nature of that type of activity. Since the
Internet network is only a technical medium, like the press, might it not be
possible, in conformity with articles 4 and 5 of the International Convention
on the Elimination of All Forms of Racial Discrimination, to adopt appropriate
legislation, on a country-by-country basis, against incitement to hatred and
racial discrimination? That would still leave the problem of identifying the
server, but the solution does not appear to be out of reach. It has already
been tried in some countries. The matter deserves further thought.
51.
In addition to international legislation and regulation, the
international community should undertake positive action to combat the abusive
exploitation of the Internet on its own ground, that is, by using the Internet
itself to broadcast anti-racist and anti-xenophobic messages, and even to
spread human rights education against racism. In that connection, the Special
Rapporteur was informed that the Council of Europe had adopted a strategy
along those lines. The following passage appears in a Council of Europe
document entitled “Combating racism and intolerance: discover the site
www.ecri.coe.fr”: “While racism and related problems are centuries old, the
ways in which they are manifested has undergone change. Thus, one of the
major problems today is how to control the spread of racist and other
offensive material on the Internet. In launching this Website, the Council of
Europe intends to counter this development by using new technology for a
positive purpose: to communicate and share its anti-racist message, as widely
as possible, improving cooperation among people of mutual interests and
working towards common goals. With the Website, both the Council of Europe's
longstanding action against racism and its more recent intensified activity in
this field, can be accessed by a wider public. Such outreach is clearly an
essential objective in effectively combating this phenomena. The range of
information available - including international legal texts, summaries of
relevant national legislation and 'good practices' in policy measures in
members States, guidance on conducting a campaign, initiatives in education
and the media as well as a listing of the principal agencies active in the
fight against racism - will interest a wide variety of people with different
professional backgrounds. The attractive use of graphics and video clips can
further stimulate the interest of a younger audience. The Website is not,
however, simply an electronic resource library. Through its Forum, users of
the site can exchange information, contribute comments, critiques and ideas.
In this way, the site will continually evolve, necessarily reflecting the
diversity of experiences, needs, objectives and cultures of its users. It
will strengthen democratic security in Council of Europe member States and,
let us hope, well beyond its borders at the dawn of the next millennium.” 7/
52.
The Special Rapporteur welcomes the Council of Europe's initiative and
hopes that its action will be extended to the international community through
the Office of the High Commissioner for Human Rights, as part of the Third
Decade to Combat Racism and Racial Discrimination.