Free speech: is it under threat?

Date: 13/10/05

EU diplomats are examining how a ban on provoking terrorism can be applied in the Union's 25 member states. The UK presidency of the EU would like to obtain an agreement on this before the end of the year.

Such a ban is envisaged in the convention on preventing terrorism agreed by the 46-country Council of Europe in May.

The EU's 2005 annual report on human rights lists that convention as one of the positive developments of the last year. But some human rights groups believe the convention could under-mine freedom of expresion. It obliges signatories to outlaw so-called public provocation "where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed".

Some member states have already moved towards such a ban on provoking terrorism. In the UK, for example, a new anti-terror bill would create an offence whereby those who 'glorify' terrorist acts may be prosecuted.

The latest draft of the bill retains the offence of 'glorification' but only if it can be demonstrated that an individual intended to encourage further atrocities. While inciting someone to carry out a terrorist attack is already a crime under UK law, Prime Minister Tony Blair had indicated that the condoning of terrorists would also be forbidden. This led some civil liberties advocates to complain that "loose talk" could be criminalised.

Charles Clarke, the UK home secretary, said a revision was designed to "ameliorate some of the concern that has been expressed about the proposed offence".

But Shami Chakrabarti, director of civil rights organisation Liberty, has argued that the interpretation of what constitutes provocation is still too broad and is "desperately dangerous in a democracy".

Article reports on EU plans to legislate on the possibility to apply bans on so called public provocation advocating terrorist offences. Such a move, as foreseen in a May 2005 Convention of the Council of Europe, were opposed by civil liberty groups claiming this would potentially curtail freedom of speech.

• Primary Source

Council of Europe: European Treaty Series: Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, CETS No.: 198 http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=198&CM=8&DF=22/09/2005&CL=ENG

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