Could the Wilders Film Have Been Banned?
Could the screening of Wilders' video have been prevented by law? No, at least not in principle. The Dutch constitution does not allow censorship, which is defined in Article 7 as the freedom to publish or show anything without prior consent. This freedom applies not just to the printing press. It also covers art, movies, photos, cartoons indeed any medium that can be used to express oneself. Its a basic civil right and a founding principle of Dutch democracy. Basic civil rights also include the freedom of religion, protection from discrimination and the right to equal treatment. In democratic societies these basic rights are sacrosanct and protect individual citizens from the potential abuse of power by governments.
The only way the government could over-ride this basic right would be to declare a State of Emergency. Then it could have used special powers, including media censorship. But this was never a real option. Wilders' video may be a public relations disaster for the Netherlands but it is not a national disaster like war or serious flood caused by a break in the dykes.
Posted by: ryuge 2008-03-28 |