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Archive for the ‘racist content’ Category

Internet race hate pair petition Supreme Court – Peterborough Today

Published on Wed Mar 24 13:55:27 GMT 2010

A Lancashire man who became the first to be convicted of inciting racial hatred online is to petition the Supreme Court for leave to appeal against the convictions.

The move by Stephen Whittle, along with Simon Sheppard who was also convicted of the crime, follows the decision of the Court of Appeal Criminal Division to certify three points of law in the case – although it denied permission to appeal, meaning the pair have to petition the Supreme Court directly.

Lawyers for the two men confirmed that they would be filing petitions with the Supreme Court. The case will raise important issues about whether material placed on the internet counts as written material, and whether the courts have jurisdiction in cases involving material posted online from abroad.

Sheppard, 52, and Whittle, 42, were jailed at Leeds Crown Court in July last year after being convicted of Public Order Act charges of publishing and distributing racially inflammatory material and possessing such material with a view to distribution.

Sheppard, 52, of Brook Street, Selby, was convicted of 16 offences and Whittle, 42, of Avenham Lane, Preston, Lancashire, of five. In January the Court of Appeal rejected their appeals against conviction, but reduced Sheppard’s sentence of four years and 10 months by a year and Stephen Whittle’s term of two years and four months by six months.

The Court has now certified three issues in the case as a point of law of general public importance.

These cover whether a document stored in a computer memory and/or displayed on a screen is written material within the meaning of Section 29 of the Public Order Act 1986, the issue of the correct test of jurisdiction for criminal cases involving or arising from the use of the internet, and whether, for the purposes of Section 19 of the Public Order Act 1986, making material generally accessible or available to placing or offering it to the public via the internet counts as publication to the public or a section of the public.

During the appeal in January, Sheppard’s counsel, Adrian Davies, challenged the convictions on the grounds of jurisdiction, the meaning of ‘publication’ and whether material on the internet was ‘written material’ within the meaning of the Act. The articles complained of were posted on a website in California, where there was no doubt that they were ‘entirely lawful and enjoyed the highest degree of constitutional protection under the laws of the United States’, he said. There was also no evidence that anyone in England and Wales, except the police officer – and the Crown did not claim that he was a member of the public under the Act – had read any of them.

The police investigation which led to the pair being jailed started after a complaint about a leaflet called ‘Tales of the Holohoax’, which was pushed through the door of a Blackpool synagogue and traced back to a post office box in Hull registered to Sheppard. Published material found later included images of murdered Jews alongside cartoons and articles ridiculing ethnic groups.

During their first trial in 2008, Sheppard and Whittle skipped bail and fled to California, where they sought asylum claiming they were being persecuted for their right-wing views. The claims failed and they were deported.

FOXNews.com – Terrorists Targeting Children Via Facebook, Twitter

Updated March 15, 2010
Terrorists Targeting Children Via Facebook, Twitter

FOXNews.com

The Internet grew 20 percent uglier last year, with terrorists and racists increasingly turning to social media sites such as Facebook and Twitter — and targeting children, finds the 2010 Digital Hate Report.

The 2010 Digital Terror Report from the Simon Wiesenthal Center for Tolerance found a 20% increase in the prevalence of hate-filled Web sites–notably in social media like Facebook and Twitter.

The Internet grew 20 percent uglier last year, with terrorists and racists increasingly turning to social media sites such as Facebook and Twitter — and targeting children, finds the 2010 Digital Hate Report.

The CD-ROM report, put out annually by the Simon Wiesenthal Center for Tolerance, aims to assist law enforcement, public officials, educators, parents and the news media to better grasp the scope of hate.

The report, based on some 11,500 problematic Web sites, social networks , chat forums, twitter posts, other Internet postings, found that hate-filled language is increasingly filling social networks. In compiling it, researchers for the Wiesenthal center found such disturbing online content as video footage showing bomb-making instructions and hate games — including one about bombing Haitian earthquake victims.

The report found a 20% increase to 11,500 in hate-filled social networks, Web sites, forums, blogs, Twitter feeds, and so on (up from 10,000 last year). It notes that beyond its role in our social lives, the Internet often acts as the incubator and validator of dangerous conspiracy theories surrounding 9/11 and organ theft.

The lone wolf terrorist, once primarily a domestic extremist character, is now a role heavily promoted by terrorist groups, found the 2010 Digital Hate Report.

The Wiesenthal Center uncovered expanded ‘how-to’ posts for terrorists, including binary and laser technology. And even more disturbing, the Center found hate games, including one inviting the user to bomb Haitian earthquake victims, continue to target young people

It’s all part of a trend of terrorists targeting young people, the report indicates, a finding supported by recent news reports. Over the weekend, FoxNews.com reported that the 6-year-old son of a Colorado nursing student who ran off to Europe to join a terrorist murder cell was brainwashed into a hate-filled Islamic fundamentalist zombie, his family said Saturday. Her family said she struck up an Internet friendship with a Colorado radical.

And court records and other documents show that Colleen LaRose — or ‘Jihad Jane’ — may have used YouTube as part of her alleged trail of terrorist activities.

The report was presented at a press conference at the New York Tolerance Center by Rabbi Abraham Cooper, associate dean of the Simon Wiesenthal center, a pioneer in digital hate and terror, and Mark Weitzman, the center’s director of government affairs. Representative Carolyn Maloney joined in the unveiling as well.

The report is used by the FBI, Homeland Security, military officials, hate crime units and joint terrorism taskforces in the U.S. as well as Canada and Europe.

New York Congresswoman Carolyn Maloney Joins Simon Wiesenthal Center Officials for Release of 2010 Digital Hate Report | Simon Wiesenthal Center

New York, NY – Rep. Carolyn Maloney (D-NY) joined, Rabbi Abraham Cooper, Associate Dean of the Simon Wiesenthal Center (R), a pioneer in digital hate and terror, and Mark Weitzman (L), the Center’s Director of Government Affairs for the release of the 2010 Digital Terror & Hate Report ‘The Global Reach’

The following are Congresswomen Maloney’s remarks:

‘I want to congratulate the Simon Wiesenthal Tolerance Center for putting together an extraordinary report again this year.

For more than a decade, the Simon Wiesenthal Center has been tracking the growth of hate on the internet.

And while children are taught that sticks and stones may break your bones, but words can never hurt you – it’s not always true. Terrorism and intolerance start with words, but they grow into actions.

An anti-semitic website spreads hatred and acts as a recruiting tool. Social networking is all about enabling like-minded people to find one another. As Simon Wiesenthal once said: The combination of hatred and technology is the greatest danger threatening mankind.

And Wiesenthal also recognize that Jews are not the only targets of hatred: Victims from more than 20 nations were killed by the Nazis.

Too many Americans are ignorant of the Holocaust and do not know that an enlightened society decided to eliminate Jews from the face of the world. They do not understand how easy it is to demonize a particular ethnic group, and persuade people to destroy them. And we have many lessons to learn from the Holocaust. I have introduced legislation in Congress, the Simon Wiesenthal Holocaust Education Assistance Act, that will teach new generations about the devastation and death that stem from intolerance.

And that is why I admire what the Simon Wiesenthal Center does, and salute you for issuing this report.

The internet joins together billions of people. Ideas can spread like wildfire. And a call to action can be released on twitter or facebook, setting seemingly unrelated people in action. YouTube allows a terrorist’s lonely rant to be seen by thousands.

It can be used to enhance freedom in dictatorships – but it can also be used by advocates of hatred and intolerance.

The Simon Wiesenthal Tolerance Center’s report and educational workshops help law enforcement understand these tools, how they are being used by terrorists and extremists, and how we can beat them at that game.

Jihad Jane – accused of plotting to kill the Swedish cartoonist who caused riots by his depiction of Mohammed – was known for posting increasingly hate-filled screeds on YouTube or elsewhere on the internet – that’s how she came to the attention of law enforcement.

YouTube is this generation’s printing press. Hitler had Mein Kampf. Osama bin Laden has YouTube and the internet.

And these new ways of reaching potential followers have a worldwide reach.

I applaud the Simon Wiesenthal Center for all that it is doing to promote tolerance, and to help law enforcement identify those who are moving beyond speech and are planning attacks.

New tools require new techniques and new skills. The Simon Wiesenthal Center is dedicated to the idea that you can prevent attacks by teaching tolerance and training law enforcement to use the new techniques of tracking the bad guys.

Thank you for all you do.’

Online Hate Sites Grow With Social Networks (New York Times)
Terrorists and racists are turning to online social networks and depending less on traditional Web sites, according to a new report on digital terror and hate speech. The report, by the Simon Wiesenthal Center, found a 20 percent increase in the number of hate and terrorist-abetting Web sites, social network pages, chat forums and micro-bloggers over the past year, to a total of 11,500.

March 16, 2010, 9:28 am
Online Hate Sites Grow With Social Networks
By STEVE LOHR

Terrorists and racists are turning to online social networks and depending less on traditional Web sites, according to a new report on digital terror and hate speech.

The report, by the Simon Wiesenthal Center, found a 20 percent increase in the number of hate and terrorist-abetting Web sites, social network pages, chat forums and micro-bloggers over the last year, to a total of 11,500.

“The real growth is where it is for everyone: in social networks,” said Rabbi Abraham Cooper, an associate dean at the center, a Jewish human rights group, which issued the report on Monday.

Longtime Web sites like Stormfront, which bills itself as a leading site of the “White Nationalist Community,” are still around and active, Rabbi Cooper said. But such sites have become the old-line media of online racism.

The annual report is intended as a “collective snapshot” of the activities of hate groups and terrorists online, Rabbi Cooper said. It is distributed as a CD-ROM, mainly to law enforcement agencies and nonprofit groups, instead of online because it includes terrorist tutorials, like video clips of bomb-making instructions.

“We don’t want to help the bad guys,” Rabbi Cooper explained.

The report is part of the center’s effort to raise awareness about hate groups, and the center urges Web users who encounter hate sites, videos or groups to e-mail links to ireport@wiesenthal.com. The center then contacts Web companies or law enforcement agencies, as appropriate.

“The goal is to get the collective genius of the Internet to help combat this problem,” he said.

(Via QuickLinks Update.)

Racist content on US server is within UK jurisdiction, says Court of Appeal: “The law of England and Wales applies to material published online, even if it is hosted on a server in another country, the Court of Appeal has ruled. As long as a substantial measure of the activities takes place in England, its law will apply, it said.”

(Via OUT-LAW News.)

Teenager admits incitement to racial hatred over YouTube videos

CPS, 17/02/2010

A 17-year-old youth has pleaded guilty to two charges of inciting racial hatred after he posted hate-filled videos on YouTube in what the Crown Prosecution Service says is the first case of its kind in England and Wales.

CPS lawyer, Viv Goddard said: ‘The teenager was just 15 when he was arrested on suspicion of posting white supremacist material on YouTube and a website he had set up himself.

‘This is thought to be the first time the CPS has prosecuted someone in England and Wales as young as this defendant for incitement to racial hatred after posting racially inflammatory material on a social networking site.

‘Young people need to realise that it is not a joke to post hate filled material on video sharing websites or sites they set up themselves. The material in this case was not just offensive but highly disturbing in its violence and imagery, particularly one clip which showed a Black man being hanged by the Ku Klux Klan then his leg being hacked off and thrown into a fire.

‘People are entitled to hold racist and extreme opinions which others may find offensive and obnoxious. What they are not entitled to do is to publish or distribute those opinions to the public in a threatening, abusive or insulting manner either intending to stir up racial hatred or in circumstances where it is likely racial hatred will be stirred up.’

Mrs Goddard said it was difficult for the youth to deny responsibility as he had either filmed himself expressing racist opinions or had supplied his own comments as a voice over.

She said: ‘To put this in context, on his own website, he insisted that those who wanted to view his site had to sign up to the following statements before they were allowed access.’

These statements were:

* I do swear and verify that I am of the white race
* I am not addicted to or a user of illegal drugs
* I am not or have never been a follower of the Jewish religion
* I believe in the segregation of the races and I have never engaged in an inter-racial relationship
* I believe in and will defend my Country, Homeland and its Constitution and laws.

Mrs Goddard said: ‘This case should highlight to other young people that if they put material like this on the internet they could end up with a serious criminal conviction which will follow them for the rest of their lives.

Ends
Notes to Editors

1. For further information contact CPS Press Office 020 7796 8105.
2. The date of birth of the defendant is 16 June 1992. He lives in North Norfolk.
3. He admitted two charges at Kings Lynn Youth Court on Wednesday, 17 February 2010:
On or before 22 April 2008 he distributed a recording of visual images and sounds, namely a video clip titled ‘niggers.avi ‘, that was threatening, abusive, or insulting, intending thereby to stir up racial hatred or whereby, having regard to all the circumstances, racial hatred was likely to be stirred up. Contrary to Sec 21 Public Order Act 1986.
On or before 22 April 2008 he distributed a recording of visual images and sounds, namely a video clip titled Clip046.avi, that was threatening, abusive, or insulting, intending thereby to stir up racial hatred or whereby, having regard to all the circumstances, racial hatred was likely to be stirred up. Contrary to Sec 21 Public Order Act 1986.
The maximum custodial sentence in the youth court is a detention and training order of no more than 24 months. On 20 November 2009 the Sentencing Guidelines Council published its definitive guideline ‘Overarching Principles Sentencing Youths’, which apply to offenders sentenced on or after 30 November 2009. Please see the SGC website at: http://www.sentencing-guidelines.gov.uk/
4. The Crown Prosecution Service is the independent authority responsible for prosecuting criminal cases investigated by the police in England and Wales. It is responsible for:
Advising the police and reviewing the evidence on cases for possible prosecutionDeciding the charge where the decision is to prosecutePreparing cases for courtPresenting cases at courtThe CPS consists of 42 Areas in total, each headed by a Chief Crown Prosecutor (CCP). These are organised into 14 Groups, plus CPS London, each overseen by Group Chair, a senior CCP. In addition there are five specialised national divisions: Organised Crime, Special Crime, Counter-Terrorism, Fraud Prosecution, and Revenue and Customs. A telephone service, CPS Direct, provides out-of-hours advice and decisions to police officers across England and Wales. The CPS employs around 8,250 people and prosecuted 1,032,598 cases with an overall conviction rate of 86.6% in 2008-2009. Further information can be found on our website. More about the CPS
5. The DPP has published his long term vision for the prosecution service and its role within the wider criminal justice system. It includes modernising the service and increasing the efficiency and effectiveness of criminal justice – read ‘The Public Prosecution Service: Setting the Standard’ at www.cps.gov.uk/pps
6. The CPS, together with ACPO and media representatives, has developed a Protocol for the release of prosecution material to the media. This sets out the type of prosecution material that will normally be released, or considered for release, together with the factors we will take into account when considering requests. Publicity and the Criminal Justice System protocol

E-commerce law update includes ISP hate speech exemption: “

Dispensation granted for ‘mere conduits’

The Government has published Regulations that will absolve internet service providers (ISPs) and other digital service providers of responsibility for religion or sexuality-related hate speech transmitted over their networks.…

“

(Via The Register – Public Sector.)

Yaman Akdeniz, Racism on the Internet, Council of Europe Publishing, 2010 (ISBN 978-92-871-6634-0) is now available.

Racism was a pressing social problem long before the emergence of the digital age. The advancement of digital communication technologies such as the Internet has, however, added a new dimension to this problem by providing individuals and organisations with modern and powerful means to propagate racism and xenophobia. The use of the Internet as an instrument for the widespread dissemination of racist content is assessed in detail by Yaman Akdeniz.

The problem of racist content on the Internet has naturally prompted vigorous responses from a variety of agents, including governments, supranational and international organisations and from the private sector. This book also provides a detailed critical overview of these regulatory and non-regulatory initiatives.

Fourth Law and Information Society Symposium: Hate Versus Democracy on the Internet

Date: Friday, 26 March, 2010
Time: 9:00 a.m. – 5:00 p.m.
Location: Pope Auditorium, Fordham Law School, New York.
Sponsor: Center on Law & Information Policy

From political blogs to the exposure of rights abuses, the Internet advances communication and the free flow of information that is at the heart of democracy. Yet, from Holocaust deniers to terrorist organizers, the Internet also serves as an enabler for extremists promoting hate, violence and the corrosion of democratic values. This conference will explore the legal and policy dimensions of the Internet’s dual impact.

8:30 – 9:00 Registration and Breakfast

9:00 – 9:15 Welcome

9:15 – 10:45

Panel 1: The Internet as a Dual Use Technology: Democracy and Extremism

This panel will examine the Internet’s dual impact on democracy and extremism. Panel members will explore how social networks, blogs and websites have been used simultaneously to spread democracy and promote hate. They will discuss the tensions that arise on the Internet between these competing interests.

Moderator: Zephyr Teachout, Associate Professor of Law, Fordham Law School

Panelists:
• Bruce Etling, Director of the Internet & Democracy Project, Berkman Center for Internet and Society, Harvard University
• Holly Hawkins, Director of Consumer Advocacy and Privacy, AOL
• Alexander Tsesis, Assistant Professor of Law, Loyola University School of Law
• Mark Weitzman, Director of Task Force on Hate & Terrorism, Simon Wiesenthal Center

10:45 – 11:00 Break

11:00 – 12:30

Panel 2: Distinguishing Hate Speech from Legitimate Political Expression

This panel will explore how we distinguish hate speech from legitimate political expression and whether such a line can be drawn. Panel members will consider what characteristics make hate speech dangerous and different from democratic political debate. The panel will consider specific examples of online “hate sites” and other ways that the Internet has been used to spread extremist thought.

Moderator: Ann Bartow, Professor of Law, University of South Carolina School of Law

Panelists:
• David E. Bernstein, Professor of Law, George Mason University School of Law
• Steven J. Heyman, Professor of Law, Chicago-Kent College of Law
• Kenneth Lasson, Professor of Law, University of Baltimore School of Law
• Nicole Wong, Vice President & Deputy General Counsel, Google, Inc.

12:30 – 2:00 Lunch and Keynote Address
Jing Zhao (aka Michael Anti)
Political Columnist and Blogger
Harvard Nieman Fellow

2:00 – 3:30

Panel 3: Online Hate Speech and Diverse International Concerns

This panel will explore the competing cultural concerns about hate speech that make international regulation challenging. Panel members will consider how the definition of hate speech and norms about regulation differ internationally.

Moderator: Julie Suk, Associate Professor of Law, Benjamin N. Cardozo School of Law

Panelists:
• Raphael Cohen-Almagor, Professor, Chair in Politics, University of Hull
• Sandra Coliver, Senior Legal Officer, Open Society Justice Initiative
• Peter Molnar, Senior Research Fellow, Center for Media and Communications Studies, Central European University
• Philippe A. Schmidt, Managing Partner, SBKG & Associates and Chairman of the International Network Against Cyber Hate

3:30 – 3:45 Break

3:45 – 5:15

Panel 4: How to Combat Hate Speech While Promoting Democracy

This panel will explore various ways that we can combat or prevent hate speech online while still allowing robust democratic expression. Panel members will consider regulatory and non-regulatory options and will discuss which methods best serve the dual goals of promoting democracy and tolerance.

Moderator: Joel R. Reidenberg, Professor of Law and Academic Director of the Center on Law & Information Policy, Fordham Law School

Panelists:
• Yaman Akdeniz, Associate Professor, Human Rights Law Research Center, Istanbul Bilgi University & Director, Cyber-Rights.Org
• Susan Benesch, Senior Fellow, World Policy Institute
• Danielle Citron, Professor of Law, University of Maryland School of Law
• Philippe Dufresne, Director & Senior Counsel, Canadian Human Rights Commission

The conference is free and open to the public. 6 Non-Transitional, Professional Practice NYS CLE Credits are available for $90 ($50 for Fordham Law alumni & public interest attorneys). If you desire CLE credit please register online and complete and submit a copy of the PDF registration form provided below as instructed.

Fordham Law School has a financial hardship policy for the conference. For additional information please visit: http://law.fordham.edu/cle.

BBC News – Internet racism pair lose appeal

The men were jailed after a failed bid to seek asylum in the US

Two men have lost their appeals against the UK’s first conviction for inciting racial hatred via a foreign website.

Simon Sheppard, 51, was sentenced to four years and 10 months, and Stephen Whittle, 42, to two years and four months at Leeds Crown Court in July.

However, the Court of Appeal has reduced Sheppard’s sentence by one year and Whittle’s jail term by six months.

Sheppard, from Selby, North Yorks, and Whittle, of Preston, Lancs, controlled US websites featuring racist material.

During their first trial in 2008, they skipped bail and fled to California, where they sought asylum claiming they were being persecuted for their right-wing views, but were deported.

The police investigation began after a complaint about a leaflet called ‘Tales of the Holohoax’, which was pushed through the door of a Blackpool synagogue and traced back to a post office box in Hull registered to Sheppard.

‘Abusive and insulting’

Published material found later included images of murdered Jews alongside cartoons and articles ridiculing ethnic groups.

The pair were charged under the Public Order Act with publishing racially inflammatory material, distributing racially inflammatory material and possessing racially inflammatory material with a view to distribution.

Sheppard, of Brook Street, Selby, was found guilty of 16 offences and Whittle, of Avenham Lane, Preston, was found guilty of five.

Sentencing them, Judge Rodney Grant said he had rarely seen material which was so abusive and insulting.

Sheppard’s counsel Adrian Davies told the Appeal Court the sites were ‘entirely lawful’ in the US.

He said that there was no evidence that anyone in England and Wales – except for the police officer in the case – had ever seen any of them.