Geert Wilders Freedom of speech vs. inciting hatred

1. Geert WildersFreedom of speech vs. inciting hatred Actual window13 February 2009 Joanieke Oost Judith Smit Kirstine Nystrøm

2. About Geert Wilders Geert Wilders is a dutch politician. He has been a member of the Dutch Parliament since 1998, first for the People's Party for Freedom and Democracy (VVD) and, from 2006 on, with the Party for Freedom (PVV). He founded PVV and is currently its political leader. Wilders is best known for his controversial criticism of Islam, which has lead to his forced isolation due to threats.

3. Geert Wilders Quotes • “I don’t hate Muslims, I hate Islam” • Koran is a “fascist book”, it should be outlawed in the Netherlands, like Adolf Hitler’s Mein Kampf. The book incites hatred and killing and therefore has no place in our legal order. • Muslims should “tear out half of the Koran if they wished to stay in the Netherlands.” It contains “terrible things” and Mohammed would “in there days be hunted down as a terrorist”. • “Mohammed is the devil”.

4. Kurt Westergaard considers Wilders a danger for freedom of expression

5. Facts • Geert Wilders made the anti-Koran movie ”Fitna” in 2008 and has made many anti-islamic remarks. • Jan ’09: The Amsterdam Court of Appeals has ordered the criminal prosecution of the Dutch Member of Parliament for criticizing Islam. • Wilders is being prosecuted for inciting hatred and discrimination, and for insulting Muslims by describing the Koran as ‘the Islamic Mein Kampf’.

6. Dutch criminal law The Dutch Penal Code: Article 137 c (Wetboek van Strafrecht) • He who publicly, verbally or in writing or image, deliberately expresses himself in an way insulting of a group of people because of their race, their religion or belief, or their hetero- or homosexual nature or their physical, mental, or intellectual disabilities, will be punished with a prison sentence of at the most one year or a fine of third category. • If the offence is committed by a person who makes it his profession or habit, or by two or more people in association, a prison sentence of at the most two years or a fine of fourth category will be imposed.  The Dutch Penal Code: Article 137 d (Wetboek van Strafrecht) • He who publicly, verbally or in writing or in an image,incites hatred against or discrimination of people or violent behavior against person or property of people because of their race, their religion or belief, their gender or hetero- or homosexual nature or their physical, mental, or intellectual disabilities, will be punished with a prison sentence of at the most one year or a fine of third category. • If the offense is committed by a person who makes it his profession or habit, or by two or more people in association, a prison sentence of at the most two years or a fine of fourth category will be imposed.

7. Article 7 of the Dutch constitution (1) No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.(2) Rules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.(3) No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.(4) The preceding paragraphs do not apply to commercial advertising.

8. Question • Is it inciting hatred or freedom of speech?