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Extreme Speech and Democracy$
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Ivan Hare and James Weinstein

Print publication date: 2009

Print ISBN-13: 9780199548781

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199548781.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2015. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 28 November 2015

‘On the Internet, Nobody Knows You're a Nazi’: Some Comparative Legal Aspects of Holocaust Denial on the WWW

(p.511) 25 ‘On the Internet, Nobody Knows You're a Nazi’: Some Comparative Legal Aspects of Holocaust Denial on the WWW
Extreme Speech and Democracy

David Fraser

Oxford University Press

This chapter examines some legal responses to the dangerous phenomenon of Internet-based Holocaust Denial. Legal regulations in Canada and Australia provide two frameworks under which Holocaust Denial can be outlawed. Canada has chosen to proceed by way of complex analyses of the content of the ‘speech’ and its reception by an intended audience. Australia, conversely, has adopted a legal framework which examines the possible adverse impact of the ‘speech’ on an identified victim group. What unites the two, and the aspect which is perhaps most troubling from a variety of perspectives, is a distinct rejection of any claim that the Holocaust actually happened, as an underlying normative basis for legal regulation. The chapter concludes that a political decision that denial of the Shoah is a malum in se approach would be preferable.

Keywords:   Holocaust Denial, Australia, Canada, Internet, Shoah

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