The Nizkor Project: Remembering the Holocaust (Shoah)

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 Australian-based Holocaust Denial Website Ruled Unlawful

 In a precedent-setting decision, the Human Rights and Equal Opportunity
Commission (HREOC) has ruled that an Adelaide-based website maintained by
Holocaust denier Fredrick Toben is in breach of federal Racial Hatred laws,
that its contents must now be removed and that a formal apology must be
sent to Jeremy Jones, who lodged the Complaint against it on behalf of the
Executive Council of Australian Jewry (ECAJ).

 "This ruling is of enormous international interest and has global
ramifications", Jeremy Jones said.

 Commissioner Kathleen McEvoy ruled that the material published publicly by
Dr Toben was "vilifactory, bullying, insulting and offensive" and that its
dissemination was unlawful.

 "The material contained on the Internet site is material which
consistently presents Jews as a group of people who are engaged in a
manipulation of the truth or an attempt to conceal or pervert the truth in
order to obtain political, economic and other power. It consistently
presents Jewish people as at the heart of 'Stalinist crimes', and
'Bolshevism'. It suggests that sensitivity about matters relating to what
is known as the Holocaust is an attempt to impose guilt on non-Jews, in
particular Christians. It presents the circumstances known as the Holocaust
as allegations or assertions, made and held by persons acting maliciously,
dishonestly and manipulatively. Those persons so acting are unmistakably
identified on the website as Jews, and further they are represented as so
acting because they are Jews", McEvoy ruled.

 She added, "Material on the website also contains insulting and offensive
expressions in relation to Jewish people" which are "intended to be
offensive and intimidating, and indeed have caused offense and anxiety".

 The Commision has said that Toben should now remove the contents of his
website and also  make an apology in writing to Mr Jeremy Jones reading: "I
hereby unreservedly and unconditionally apologise to you and to the
Australian Jewish community for having published materials inciting hatred
against the Jewish people in contravention of the Racial Discrimination
Act. I undertake that neither I nor any employee or agent of mine (actual
or ostensible) will publish any such material in the future and that all
such material which is presently published by me, or by any employee or
agent of mine (actual or ostensible) in any print or electronic media
(including the Internet) will forthwith be withdrawn from  publication".

 Welcoming the decision, Jeremy Jones said that "Fredrick Toben's Holocaust
denial is offensive, insulting and, as HREOC has now confirmed, unlawful.
The use of the Internet to disseminate the material has also been found to
be a "public act", which is subject to Australian law.

 "In this judgement the Commissioner has demonstrated an understanding of
the need to apply laws which cover other behaviour to cover the Internet
and has also endorsed the view expressed in other jurisdictions that
antisemitism masking as pseudo-history is as pernicious as more overt forms
of ethnic and racial hatred."

 Further information:    Jeremy Jones

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