The focus of these discussions was the perennial dilemma between, on the one hand, the right to a free press - a right closely related to the right to freedom of opinion and expression and other democratic freedoms - and on the other, the right to be free from hate speech, i.e., the right not to be subject to incitement to racial hatred or ridicule. The rights to express and receive information and opinion without prior restraint from any public authority remain basic pillars of democratic freedom and choice. We know from bitter experience that those in power have used censorship frequently to suppress political dissent and enforce the status quo rather than to protect society or minorities. On the other hand, no jurisdiction considers freedom of speech an absolute right. It is illegal to yell "Fire" in a crowded theatre unless such alarm is warranted. Courts have never admitted freedom of speech as a defence to criminal charges involving public mischief or serious threat to the public interest.

The World Conference against Racism suggested that the issue of hate speech be dealt with by domestic public opinion and law recognizing incitement to racial hatred as a threat not only to the individuals or groups targeted, but also to society in general, democracy and the rule of law.

The advent of powerful international mass media organizations, and more so, the Internet as a widely available instrument of exchanging information and opinion, have further sharpened the issues relating to free speech and non-discrimination. In discussing these issues, individuals, NGOs, experts, governments, and international agencies in all regions expressed concern at the alarming proliferation of Internet hate sites. Many of these sites target youth and attempt to persuade them to adopt blatantly racist attitudes.

Radio and TV stations in several countries have also propagated ethnic hatred. There is the well-known case of Radio Milles Collines, which incited Hutus in Rwanda to massacre their Tutsi neighbours during the 1994 Civil War. A similar role played by certain radio and TV stations in several other countries demonstrates the power of media to instigate mass violations of human rights.

Furthermore, the rapid spread of the Internet and the rise of international mass media transmission facilities mean that the dissemination of information and opinion is no longer as localized at it once was. An Internet site or media organization based in one country with lax or non-existent laws to protect racial minorities against racial hatred, can affect people in other countries as well. The spread of information and opinion has never been so easy or so inexpensive.

Ultimately, however, it is problematic for any public authority to rely on regulation because of the chilling effect this has on freedom of speech and of the press. Eradicating the virus of racial discrimination can perhaps be better achieved through inoculating young people through positive Internet messages of multiculturalism, tolerance and respect for diversity, in other words, by introducing a kind of immunization through information. In this context, one of the measures advocated by the Durban conference is to encourage all actors, particularly civil society, to mobilize public opinion against the spread of racial incitement. If the virus cannot be entirely wiped out immediately, the international community can at least aim to prevent the onset of racial intolerance before it reaches epidemic proportions by promoting the value of diversity and the concepts of multicultural tolerance and respect.

Another important issue that the Durban Conference dealt with is the right of all peoples to enjoy fair and equal access to the media. Globalisation is bringing peoples and cultures closer together through the intensification of transnational economic and political relations. However, this process does not in and of itself correct the problem of power differentials among groups of people and in fact may exacerbate disparities in income, wealth and opportunity.

Globalisation is facilitating the capacity of international media organizations to convey news and opinion instantaneously - but with this power comes greater social responsibility. One of these responsibilities is to portray the multicultural reality that is our world and to ensure that cultural diversity is fairly and accurately reflected. In this sense, media organizations can consider adopting self-regulatory mechanisms and supporting campaigns against racism, so that in future, free speech is not understood to include the right of some to incite racial hatred against others.

Jyoti Shankar Singh served as Executive Coordinitor of the World Conferenece against Racism.