Symposium on Hate on Internet '97

International Symposium on Hate on the Internet 1997

Republished with permission

B'nai Brith Canada hosted an International Symposium on Hate on the Internet from September 7th to 9th, 1997 in Toronto, Canada. One hundred invited participants, including government and police officials and representatives of the fields of law, human rights, computer technology, academia, education, and community action, engaged in an in-depth exploration of hate on the Internet for the purpose of drafting recommendations designed to counter this growing phenomenon. The participants gathered from across Canada and from the United States, England, Germany, Israel and Australia for this unprecedented, three-day event.

Background and Purpose

The International Symposium on Hate on the Internet was planned and implemented under the auspices of the Institute for International Affairs and the League for Human Rights of B'nai Brith Canada. The Institute for International Affairs has a mandate to protest the abuse of human rights throughout the world and to advocate on behalf of Jewish communities in distress worldwide. It alerts government and community officials of threats to human rights worldwide and assists in policy development. The League for Human Rights is dedicated to combatting racism and bigotry in all their forms. The objectives of the League include improved community relations, the elimination of racial discrimination and antisemitism, and the promotion and protection of human rights for all Canadians.

Several years ago, B'nai Brith Canada's Annual Audit of Antisemitic Incidents highlighted the issue of hate on the Internet, and the threat it poses to human rights, thereby bringing the issue to the attention of the Canadian government as well as the international human rights arena. Alerted to this growing problem, the membership at the 1995 Annual Meeting of B'nai Brith Canada unanimously passed a resolution to create a joint task force of the Institute for International Affairs and League for Human Rights. The purpose of the task force was to monitor hate on the Internet, with a view to proposing effective guidelines to the CRTC and other relevant government agencies, and to developing educational anti-hate materials to counter the impact of hate on the Internet.

The tremendous increase in hate propaganda on the Internet since that time and the lack of a systematic, structural and inter-jurisdictional approach to hate speech on the Internet were the driving forces behind the organization of the International Symposium on Hate on the Internet. The past few years have marked a dramatic increase in the use of electronic technology throughout the world. Ironically, hate mongers were among the first to realize the tremendous power of the computer to spread their hatred without boundaries. While the Internet is an important tool for the promotion of human rights and democratic values on a global scale, its abuse by hate mongers and extremists gives them a degree of influence that far outweighs their numbers. The League for Human Rights of B'nai Brith Canada, as well as the Hate Crimes Unit of the Metropolitan Toronto Police, and the Anti-Defamation League in the United States have all attributed the recent decrease in overt antisemitic incidents and hate/bias crime to the rise of hate on the Internet, as it has replaced some of the more traditional forms of hate propaganda, threats and vandalism, in keeping with the new strategy of "leaderless resistance" by hate mongers.

While police units at various levels of government have begun to implement strategies to counter traditional forms of hate and bias crime, the development of expertise and the collection of information on hate on the Internet has not been widely successful. At present, the Canadian legal system as a whole lacks a consistent and coordinated approach to this increasing problem. At the international level, there are disagreements as to how the transmission of hate can be curtailed, or even if it should be curtailed at all. This lack of coordination renders minority communities vulnerable to the propaganda of racist groups and individuals, the kind of rhetoric that has been shown to lead directly to violence. There is also confusion over legal jurisdiction when it comes to the new computer technology. Further, no clear organizational system exists to provide a vulnerable community with the information and expertise it requires to respond effectively to threats hurled towards them through cyberspace. Accordingly, B'nai Brith Canada determined the time had come to convene, legal, technical and human rights experts from across Canada and abroad, in order to determine the nature and extent of the problem, to evaluate the applicability of current legislation and international conventions, and to begin to draft policies and positions that would be helpful to political decision makers determined to curb the spread of hate and violence.

The primary purpose of the symposium was to explore the problem of hate on the Internet as thoroughly as possible from a variety of philosophical perspectives and professional approaches in order to develop a series of recommendations designed to counter this growing problem and to assist in policy development. The symposium was also intended to set the framework for ongoing national and international cooperation on this issue.

Program and Format

The Planning Committee, consisting of B'nai Brith Canada leadership and representatives of interested agencies and organizations, determined that the most effective format for the symposium would be one in which delegates convened as active participants in a series of working seminars. Therefore, plenary panels provided overviews of the issues and served as the catalyst for discussion; but the symposium consisted primarily of workshops and working sessions in which participants acted as both teachers and learners as they shared their experiences, knowledge and skills in recognizing, monitoring and countering hate on the Internet. The symposium thereby provided an environment conducive for trading ideas, developing working relationships, building skills and communication networks, and planning ongoing liaisons and future coordinating efforts.

All working sessions were designed to further the symposium's goal of improving the levels of effective legal/legislative and community response and international cooperation in countering hate propaganda and Holocaust denial on the Internet. These sessions allowed for in-depth explorations of the nature and extent of hate on the Internet, how existing laws are most effectively applied and how they compliment human rights, community, and educational initiatives, and what practical and viable alternatives to legislation are available at the international, federal, local and grassroots levels. Recognized experts in their fields presented in each of the sessions. Participants selected the workshops in which they wished to participate based upon their skills and areas of expertise and/or the skill and knowledge which they sought to develop.

The symposium got off to a lively start with the opening plenary, "The Problem and What Should We Do About It?" An international panel of experts representing the spectrum of philosophical and legal perspectives discussed various approaches, some diametrically opposed, to dealing with hate on the Internet. This "fireworks" panel highlighted the key issues explored throughout the symposium and set the tone for the lively discussions over the next two days. The opening reception was co-hosted at Metro Hall by the Anti-Racism, Access and Equity Centre of the Municipality of Metropolitan Toronto. Delegates were welcomed by the leadership of B'nai Brith Canada and B'nai Brith International and by dignitaries representing local, provincial and federal governments. The Secretary of State for Multiculturalism and Status of Women, the Hon. Hedy Fry, brought greetings from the Government of Canada and announced that nineteen federal departments and agencies are currently working on an action plan to fight hate and bias crime, including hate on the Internet. Participants and guests at the reception were treated to an informative and graphic presentation by Ken McVay of the Nizkor Project, and David Hoffman of the Anti-Defamation League, entitled "Web of Hate", and audio-visual demonstration of numerous hate sites on the World Wide Web.

Day two began with a plenary panel of legal and technical experts examining the issues involving regulating the Internet, including challenges to free speech, legal, legislative and technical possibilities for, and limits to, regulation. Panelists participated as resource persons in the following concurrent seminars that explored in more depth the issues and challenges raised in the plenary. The Legal/Legislative Seminar reviewed legal options and limits of Canadian legislation in dealing with hate on the Internet, as well as the complimentary uses of human rights codes and the efficacy of such legislation. The Technical Seminar focused on the technical limits to regulating the Internet and the various roles and responsibilities of Internet service providers in bringing about regulatory and/or voluntary non-regulatory measures. In the Philosophical Seminar, there was a lively discussion of regulated versus unrestricted free speech on the Internet, with a focus on the effect either would have on the rights of both hate propagators and victim groups.

Professor Deborah Lipstadt of Emory University gave a special luncheon address on the topic "Holocaust Denial: at the Center of the Web of Hate" based on her extensive research of deniers and their close connections to other forms of hate mongering. Dr. Lipstadt's presentation provided insights into the modus operandi of antisemites and racists, and the challenges their pseudo-science currently pose to the academic and human rights communities worldwide.

A second round of concurrent workshops provided participants with an opportunity to share effective, practical and proactive strategies for countering both hate on the Internet and its impact. In "Grassroots Strategies to Deal with Hate", the role of community groups and individuals in moving the issue of hate on the Internet to the forefront was discussed, along with ways to use the Internet to diffuse hatred and promote human rights. In "Creating Communities and Promoting Intercultural Understanding", presenters discussed the ways in which the Internet can be used to provide information, debunk myths and stereotypes and promote partnerships and community cooperation in the "global village". Whether the Internet is just another form of commercially driven media that promotes violence, sexism and propaganda, or whether it is qualitatively different, and the implication of the Internet for educators, parents and the media were explored in "Is the Medium the Message?" "The New Rhetoric of Hate" featured a discussion of the use of academic, and particularly psychological, socio-biological research and language by members of the far right and neo-Nazis to formalize and legitimize hate propaganda on the Internet and elsewhere. Police personnel and prosecutors attended a closed session which provided an overview of hate groups and hate activity in Canada, international connections, and implications for criminal investigations and prosecutions.

One of the highlights of the symposium was a PBS-style forum, held at the North York Council Chambers on Monday evening, September 8th. Moderated by Neil MacDonald of CBC Newsworld, and open to the general public, this program featured a lively and proactive "rapid fire" discussion about the problem of hate on the Internet and how to counter it. Panelists included Canadian and international experts representing a variety of philosophical perspectives and areas of professional expertise.

Networking and building relationships was a critical part of the symposium, and the "Networking Lunch" on the final day of the program was designated specifically for this purpose. In addition to meeting informally with old and new colleagues, delegates were able to visit material resource displays set up by community multicultural and race relations organizations, government agencies, the Canadian Human Rights Commission, civil liberties groups, and computer and media volunteer associations, in order to learn more about grassroots human rights initiatives, share resources and develop partnerships.

Final Workshops and Closing Plenary

All participants had received a discussion paper by David Matas, entitled "Countering Hate on the Internet: Recommendations for Action" and were asked to review the paper and fourteen proposed recommendations prior to the final day of the symposium. The task of the workshops was to come up with constructive recommendations based on the deliberations of the previous days. The workshops, facilitated by participants with relevant expertise, dealt with four substantive areas outlined in the Matas paper, including: 1) legal/legislative regulatory measures; 2) voluntary non-regulatory measures; 3) role of police; and 4) educational/pro-active initiatives. The discussion of the recommendations of the workshop groups was restricted to points of clarification, and all recommendations were recorded as reported to the final plenary.

The following recommendations were presented by the four workshop groups at the closing plenary of the International Symposium on Hate on the Internet, hosted by the League for Human Rights and the Institute for International Affairs of B'nai Brith Canada, September 9, 1997.

Recommendations

(A) Legal/Legislative Regulatory Measures

This workshop group provided a preamble to their recommendations which were divided into two categories: Canadian and International.

Preamble:

Hate crimes are not victimless, therefore legal remedies should continue to be available. There was a consensus not to introduce new measures to regulate the Internet, but that laws and international standards that exist against hate should be applied.

In Canada it is recommended that:

1.The criminal code should be maintained as presently drafted.

2.The Human Rights Acts should be revisited, particularly definitions, in order to update sections in terms of new technology, to avoid hate going unpunished because of a technicality.

3. All relevant acts (e.g. telecommunications, customs/tariff, postal, etc.) to update the language to include new technology.

Internationally it is recommended that:

4. Other international agreements should be examined (e.g. air piracy prosecutions) with a view to exploring amendments to the criminal code so Canada could accept jurisdiction of the Internet where appropriate.

5. All international standards that are in place (e.g. U.N. Convention Against All Forms of Discrimination, etc.) should be implemented by all countries who are signatories.

6. Canada should urge the U.N. Commission on Human Rights to declare that hate on the Internet is a global problem, and that the U.N. should move to marginalize hate in all its forms.

7. International unions (e.g. Postal) should be encouraged to amend/update their mandates and language of their regulations and jurisdictions to take new technology into account.

(B) Voluntary Non-Regulatory Measures

It is recommended that:

1. Organizations which are committed to combatting hate on the Internet should compile a list of hate sites which they then should encourage institutions to block.

2. Software should be developed to allow the labelling of hate sites as hate sites; once developed, the use of such software should be encouraged.

3. Internet Service Providers should be asked to adopt codes of conduct which would exclude provision of services, including hosting of hate sites and e-mail accounts, to those who use the Internet to promote hatred.

4. A standard provision should be included in ISP contracts with users against the use of their services to promote hatred, with violations of such a provision resulting in the termination of contracts and denial of services.

5. B'nai Brith, in concert with organizations committed to combatting hatred on the Internet, should establish contact with the Responsible Use of the Net working group of the ISOC and other groups involved in the development of guidelines for Internet use.

1. There should be greater recognition of and increased awareness of the profound victimization of hate and training for strategies to better serve victims of hate.

2. Police services should network, via the Internet, with victim groups, anti-hate groups, and those who can provide victim services.

3. The use of cease and desist requests should be explored and applied to those known to promote hate via the Internet.

4. The use of diversion programs should also be explored and applied where appropriate.

5. The Solicitors General (federal and provincial) should be approached to provide both the policy development and financial support for technical assistance and training to be provided to police personnel to aid in identifying suspects who promote hate on the internet.

6. All police services should actively enforce and be seen to be enforcing the anti-hate laws.

7. The Criminal Code should be amended to include all categories of victim groups currently included in the sentencing enhancement section (as amended by Bill C-41).

8. Regulations should be encouraged to keep people accountable (e.g. service providers should be required to keep a log)

9. Police personnel and policy makers should address and involve all victim groups in practical strategies and policy development to deal with hate crime.

10. Hate groups should be included in guidelines on Criminal Organizations.

11. Hate groups should be included in "proceeds of crime" legislations (e.g. seizing assets).

12. Police personnel should work with anti-hate organizations to develop and encourage preventative strategies for victim groups.

(D) Educational Proactive Initiatives
It is recommended that:

1. Students should be involved in future such meetings on the issue.

2. A conference should be planned for youth on this issue.

3. A leadership training program should be established for peer counselling programs on hate on the Internet to be implemented in schools.

4. A video and/or CD Rom (similar to the ADL Video "Crimes of Hate") should be developed that emphasizes victim impact of hate propaganda, with testimonies of victims of hate, racism, anti-Semitism, etc.

5. Government resources should be allocated to enhance non-profit anti-hate networks.

6. Organizations involved in anti-hate work should be linked and encouraged to share resources, including international proactive cooperation.

7. Government should be lobbied to provide more information and statistics on immigration, anti-racism, to counter the impact of propaganda on the net.

8. The media should be provided with special briefings and encouraged to advance public education and awareness of hate mongering and hate propaganda.

9. Governments, schools and organizations should continue producing non-Internet anti-hate, anti-racist educational materials and initiatives (e.g. films, videos) because the Internet is not completely accessible.

10. Anti-racism training must be provided for teachers and administrators.

11. Courses should be provided in school on media and computer literacy, including strategies to recognize bias and hate propaganda.

12. The Education Curriculum Clearinghouse should be contacted by anti-racism organizations to share curricula on anti-hate and anti-propaganda issues.

13. It should be suggested to computer hardware companies that they include anti-hate/anti-racist games and cartoons with the software that they automatically install in new products, to help young people recognize hate and propaganda on the internet.

14. A variety of media should be used to educate parents and parent councils about hate on the internet.

15. Anti-hate organizations should reach out to 'mainstream' youth groups to increase awareness of hate propaganda and how to counter the recruitment activities of hate mongers.

16. There should be a website created for the International Symposium on Hate on the Internet, including the recommendations, a list of contacts and relevant websites and other resources.

(E) The Second International Symposium - March, 1999

It was the consensus of all those present that the recommendations be communicated to all levels of government, to all relevant departments and jurisdictions, and to all participants to pass on to anyone who was interested or whom they felt could make a difference. It was also agreed that a complete list of all participants should be sent out as soon as possible, to facilitate networking and further co-operation. A vote of thanks was given to B'nai Brith for organizing the symposium, and there was unanimous agreement of all those present at the final plenary that B'nai Brith Canada should reconvene all participants in 18 months time to another symposium, to assess the progress of implementation of the recommendations, and to develop ongoing strategies to co-operate in countering hate on the Internet.