The rule strikes at the very center of free speech, namely that of elected politicians, which the European Court of Human Rights has deemed in its practice to be specially protected. Members of the European Parliament are people who have been elected to make the voices of their constituents heard inside the institutions of the European Union.
The rule can only have a chilling effect on free speech in the European Parliament, and will likely prove a convenient tool in trying to shut up those parliamentarians who do not follow the politically correct narrative of the EU.
By lifting Le Pen’s immunity while she is running for president of France, the European Parliament is sending the clear signal that publicizing the graphic and horrifying truth of the crimes of ISIS, rather than being received as a warning about what might soon be coming to Europe, instead ought to be punished.
Where does this clearly totalitarian impulse stop and who will stop it?
The European Parliament has introduced a new procedural rule, which allows for the chair of a debate to interrupt the live broadcasting of a speaking MEP “in the case of defamatory, racist or xenophobic language or behavior by a Member”. Furthermore, the President of the European Parliament may even “decide to delete from the audiovisual record of the proceedings those parts of a speech by a Member that contain defamatory, racist or xenophobic language”.
No one, however, has bothered to define what constitutes “defamatory, racist or xenophobic language or behavior”. This omission means that the chair of any debate in the European Parliament is free to decide, without any guidelines or objective criteria, whether the statements of MEPs are “defamatory, racist or xenophobic”. The penalty for offenders can apparently reach up to around 9,000 euros.
“There have been a growing number of cases of politicians saying things that are beyond the pale of normal parliamentary discussion and debate,” said British EU parliamentarian Richard Corbett, who has defended the new rule. Mr. Corbett, however, does not specify what he considers “beyond the pale”.
In June 2016, Mahmoud Abbas, president of the Palestinian Authority, addressed the European Parliament in a speech, which drew on old anti-Semitic blood libels, such as falsely accusing Israeli rabbis of calling on the Israeli government to poison the water used by Palestinian Arabs. Such a clearly incendiary and anti-Semitic speech was not only allowed in parliament by the sensitive and “anti-racist” parliamentarians; it received a standing ovation. Evidently, wild anti-Semitic blood libels pronounced by Arabs do not constitute “things that are beyond the pale of normal parliamentary discussion and debate”.