BRUSSELS: The European Commission is expected to adopt and announce rules in the next few weeks that would bind the 15 EU members to outlaw racism and xenophobia on the Internet and offline. A draft “Framework Decision” lays out what it terms ”effective, proportionate and dissuasive” criminal penalties for racist offences and provides a common definition of racism but grants member states leeway in ensuring compliance. The draft lists six race-related offences, which must be made punishable as a criminal offence throughout the EU.

Vera Egenberger, director of the European Network Against Racism, says the Commission’s proposal ”definitely goes in the right direction” and adds that European judicial authorities have only just begun to consider racial hatred as a possible motivation for murder and physical harm. Europe needs a common basis for dealing with racist crimes, especially in view of the rise in extreme rightwing movements, says Egenberger.

The Commission’s proposal starts from the premise that what is illegal in the real world should be illegal online. The document, a copy of which was obtained by IPS, notes it is very difficult to prosecute those who disseminate racist material on the Internet because racist sites often are located in non-EU countries, particularly the United States, where the offence is protected as free speech.

The Commission’s draft proposal would seek to ensure that member states’ anti-racism legislation covers people who design racist web pages for European consumption, even if they are not on EU territory when they do it. The proposal also would make it a criminal offence to set up a racist web site while on EU territory, even if the material is not hosted in Europe. To be adopted, the proposal will have to be agreed by the 15 EU justice and home affairs ministers once the European Parliament has weighed in with its opinion.

The Commission proposes making serious public insults or threats, and distribution of racist material, punishable by custodial sentences, in turn giving rise to the prospect of extradition or surrender.

A minimum prison term of two years would be handed down to people convicted of the most serious types of offences. These include “public incitement to violence or hatred for a racist or xenophobic purpose” and “directing, supporting or participating in the activities of a racist or xenophobic group, with the intention of contributing to the organisation’s criminal activities.”—Dawn/InterPress Service.