Belgian Audiovisual and Media Service Acts

A Test in European Directive Adherence

By Thomas Free Speech Liability Services

Freedom of Speech- Right or Privilege?“The Koran is a fascist

book which incites violence. That is why this book, just like [Adolf Hitler's] Mein Kampf, must be banned.”

“The book incites hatred and killing and therefore has no place in our [Dutch] legal order.”

Geert Wilders, Dutch Politician

EU Directive on Audiovisual and And Media Services (AMVS)

Article Six- Prohibition to the Incitement of HatredMember States shall ensure by appropriate

means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to hatred based on race, sex, religion or nationality.

EU Legislation

•What is an EU Directive?• EU directives lay down certain end

results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them (Europa.eu)

Belgium: A Country Divided

Belgium’s RegulatorsFlanders: Vlaamse Regulator

Voor de Media (VMR)Article 38 of the Flemish Act

of Radio and Television Broadcasting may not incite

hate and violenceArticle 176 (referring to

non-linear programming) 1: public order, specifically the

prevention of, investigation into, detecting of and pursuing offences, including the protection of minors and the combating of the instigation to hate for reasons of race, gender or nationality or violations of human dignity of individuals

Wallonia: Conseil Superiuer de l’Audiovisuel (CSA)Chapter 2, Article 9

1: Programs on television or the Internet must respect human dignity and stop incitements towards hatred or violence in particular for reasons of race, ethnicity, sex, nationality, religion… handicaps, age sexual orientation or approval of the Nazi regime during the Second World War or other forms of genocide

Vlaamse Belang: A Test of Belgian Enforcement of the AVMS

CLICK HERE FOR VIDEO

Recommendations: What Can Belgium Do?Do not stop ANYONE’S right to free speech

No matter how ill intentioned, hypocrisy is not the answerInstitute the Thomas For Every One There are Two Method

Make sure that instead of stifling radical speech the government and other cultural and political leaders and broadcast producers are offering MORE ideas of inclusion and open-mindedness. Suppress the bad ideas with an influx of good ideas

WORK TOGETHER!Belgium must put aside ideas of cultural and political

differences and think of the greater good in order to eradicate hateful speech in future generations all together. Only by not tolerating division within the country can divisive views be eradicated.