Transcript Geert Wilders - Faculteit Politieke en Sociale Wetenschappen

Geert Wilders
Freedom of speech vs. inciting hatred
Actual window
13 February 2009
Joanieke Oost
Judith Smit
Kirstine Nystrøm
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.
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”.
Kurt Westergaard considers Wilders
a danger for freedom of expression
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’.
Dutch criminal law
The Dutch Penal Code: Article 137 c (Wetboek van Strafrecht)
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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
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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)
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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.
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.
Question
•Is it inciting hatred or
freedom of speech?