The Canadian Human Rights Tribunal has delivered what is
believed to be the first ruling in a human rights complaint
involving a web site. Ernst Zundel, who ran a Holocaust denial
site, was found to have contravened the Canadian Human Rights
Act.
In its ruling, the Tribunal concluded that the site at
zundelsite.org created conditions that allow hatred to flourish. In
its view, the "tone and expression of these messages is so
malevolent in its depiction of Jews, that we find them to be hate
messages within the meaning of the Act."
As for the effect of the Act to limit freedom of speech, the
Tribunal wrote: "the benefit continues to outweigh any deleterious
effects on [Zundel's] freedom of expression."
The Canadian case was fraught with substantial delays caused by
numerous motions and appeals by Zundel. Consequently, more than 50
days of hearings were held over a period of four years.
However, the ruling this month may only be symbolic. The site
continues to operate and Ernst Zundel now lives in the US where he
is protected by the country's broad Constitutional right of free
speech.
