A British judge has dismissed a case against a South Australian man who is wanted in Germany for Holocaust denial. Fredrick Toben was arrested at Heathrow airport earlier this month while he was in transit from America to Dubai. He is wanted in Germany on charges that he is a Holocaust denier, after his Adelaide Institute website published claims that there was no mass murder of Jews by the Nazis.

Iranian President Mahmoud Ahmadinejad has recently described the Holocaust as a “myth”  He has stated:

“They(Israel) have invented a myth that Jews were massacred and place this above God, religions and the prophets,”

The ugly face of Holocaust Denial is still smiling across the globe over 63 years after the last concentration camp was liberated at the end of World War II.  It has become especially virulent in the area of social media where anonymity protects deniers like a white sheet.  Facebook is a prime example. According to this article which initially brought my attention to this issue, the following groups promoting Holocaust Denial are currently active on Facebook (as of the writing of this article).

“Based on the facts….There was no Holocaust”
http://www.facebook.com/group.php?gid=2452587161

“Holocaust: A series of Lies”
http://www.facebook.com/group.php?gid=80565100143

“Holocaust is a Holohoax”
http://www.facebook.com/group.php?gid=18701411294

“Holohoax”
http://www.facebook.com/group.php?gid=9371162562

“Holocaust is a Myth”
http://www.facebook.com/group.php?gid=15631489021

Holocaust Denial is not against the law in the United States.  In this country those who believe the Holocaust never occurred or has been over-stated have the public and private rights to their opinions in all media forums including social media.  Or do they?  As we traverse the social media universe stopping at, bulletin boards, Myspace, Digg and Facebook and YouTube we are bombarded with unpopular opinions.  Opinions on subjects such as the Holocaust that  fly in the face of all accepted historical research.  Social sites such as Facebook certainly have the right to allow diverse points of view on these politically and historically sensitive issues. Facebook also has Terms Of Service(TOS) that dictate the limitations on such content.  Facebook’s TOS contains the following limitation on the types of content that may not be posted on its site:

“upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.”

This is an important TOS as it relates to Holocaust Denial because Holocaust Denial does not enjoy the same protection in other countries that it does in the United States.  The advocation of Holocaust Denial is a crime in the following countries: Austria, Belgium, Czech Republic, France, Germany, Lithuania, Poland, Romania, Israel, Slovakia and Switzerland.  Of those countries, Facebook has an active presence by way of a localized platform in Germany. Do the existence of Facebook groups that advocate beliefs that are crimes in other countries violate Facebook TOS?  Seems to be a straightforward question that Facebook representatives are capable of answering.  Here is the argument for removal of Holocaust Denial groups:

Holocaust Denial is a crime in Germany as well as many other countries. Facebook has an independent presence in Germany. Facebook TOS would seem to prohibit content that violates the laws of the countries Facebook has a presence in. Much of this of course depends on how the words “local”, “state”, “national” and “international law“  are defined. I do not believe the definition of “international law” would trigger Facebook TOS.   It however could be argued that the words “local”, “state” and “national” have defenition implications beyond the borders of the United States. These words are not defined in the Facebook TOS.

I sent Facebook the following email which was a followup to a previous email exchange about copyright issues:

Alex:

The article I am writing is regarding Facebook TOS and Facebook Groups that support Holocaust Denial.  You may or may not know that Holocaust Denial is a crime in many European countries including countries where Facebook seeks to establish a presence such as Germany.  Facebook TOS specifically prohibit such groups from:

“upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.”

I am specifically referring to the following Facebook Groups:

Based on the facts….There was no Holocaust
http://www.facebook.com/group.php?gid=2452587161

Holocaust: A series of Lies
http://www.facebook.com/group.php?gid=80565100143

Holocaust is a Holohoax
http://www.facebook.com/group.php?gid=18701411294

Holohoax
http://www.facebook.com/group.php?gid=9371162562

Holocaust is a Myth
http://www.facebook.com/group.php?gid=15631489021

Is there anyone at Facebook I can ask for a comment on why these groups are permitted and/or do not violate Facebook TOS before I write the article?

Sincerely,

Brian  Cuban

To date I have received no response to my email from anyone at Facebook. No action of any kind has been taken even if that action would be to simply explain the Facebook TOS to me and how it applies to such groups. There appears to be a humorous irony in Facebook’s discretionary enforcement of its TOS.  Upload a copyrighted video. Remove it or you are gone.  Post someone’s Facebook profile on a blog.  You are gone.  Deny the Holocaust.  Have a field day.   It reminds me of a quote that is often seen in the context of the Holocaust:

All that’s necessary for the forces of evil to win in the world is for enough good men to do nothing”

To Facebook:  Thank you for doing nothing.