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Belgian Audiovisual and Media Service Acts

Belgian Audiovisual and Media Service Acts. A Test in European Directive Adherence. By Thomas Free Speech Liability Services. Freedom of Speech- Right or Privilege?.

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Belgian Audiovisual and Media Service Acts

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  1. Belgian Audiovisual and Media Service Acts A Test in European Directive Adherence By Thomas Free Speech Liability Services

  2. 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

  3. EU Directive on Audiovisual and And Media Services (AMVS) • Article Six- Prohibition to the Incitement of Hatred • Member 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.

  4. 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)

  5. Belgium: A Country Divided

  6. Belgium’s Regulators • Flanders: Vlaamse Regulator Voor de Media (VMR) • Article 38 of the Flemish Act of Radio and Television • Broadcasting may not incite hate and violence • Article 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: ConseilSuperiuer 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

  7. VlaamseBelang: A Test of Belgian Enforcement of the AVMS CLICK HERE FOR VIDEO

  8. Recommendations: What Can Belgium Do? • Do not stop ANYONE’S right to free speech • No matter how ill intentioned, hypocrisy is not the answer • Institute 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.

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