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Arbeit macht frei: - Fredrick Töben

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She ordered <strong>Töben</strong> to remove the material and to apologise in writing<br />

to Jeremy Jones of the Executive Council of Australian Jewry, for having<br />

published material inciting hatred.<br />

Jones said last week that neither order had been acted upon and the<br />

Jewish community was pursuing the matter in the Federal Court, which<br />

had the legal power to enforce its decisions.<br />

<strong>Töben</strong> who will apply to postpone the May 10 hearing in Sydney<br />

because he says he will be away lecturing in Iran, says he has no<br />

intention of stopping what he was doing.<br />

‘I just have to laugh when I see this,’ he said in Adelaide last week.<br />

A similar case, also involving Holocaust revisionism, is due before the<br />

Federal Court this week involving a Tasmanian woman, Olga Scully,<br />

who has published anti-Semitic literature but not on the Internet. Her<br />

case will provide a precedent in terms of the court’s attitude but without<br />

the implications for website publication.<br />

<strong>Töben</strong>’s stand has won the support of the national Internet free-speech<br />

group, Electronic Frontiers of Australia, which has not ruled out making<br />

a submission to the court in his defence.<br />

Before the HREOC decision was handed down in October last year,<br />

EFA wrote to it, arguing that to shut <strong>Töben</strong>’s website down would not<br />

solve the problem, only make it worse.<br />

‘Trying to censor this kind of information is counterproductive because<br />

it will end up in the information being distributed even more widely all<br />

round the world because these people will be seen to be martyrs,’<br />

executive director Irene Graham says.<br />

Graham said the EFA also thought it inappropriate to try to censor<br />

information of that type because people ought to be able to make up<br />

their own mind. She said the Adelaide Institute site, while objectionable,<br />

did not directly threaten violence against anyone else.<br />

‘You are better off leaving them buried in the dark reaches of the<br />

Internet,’ she said. ‘Sure, people are going to find this stuff but to try to<br />

ban it is futile, it’s counterproductive and it just won’t work.’<br />

EFA said it had made clear it supported <strong>Töben</strong>’s right to free speech but<br />

not the content. ‘EFA does not support racist speech and the vilification<br />

of the Jewish population or anything else,’ she said. ‘The problem with<br />

the HREOC decision is that it does not provide any indication at all of<br />

what specifically he said that is illegal.’<br />

EFA had concerns about such decisions ‘because they don’t take into<br />

account the technology of the Internet and the worldwide nature of the<br />

Internet,’ Graham said.<br />

* * * * *<br />

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