Previously, it was mainly ‘hate preachers’ who were not allowed to enter the Netherlands, such as three orthodox imams in 2015 or the American pastor Steven Anderson in 2019. Now it is the British ‘conspiracy theorist’ David Icke who has left the country and the rest of the Schengen area for two years. not allowed to enter, for fear of disturbing public order.
Lawyers with knowledge of constitutional law and media law react extremely critically. They believe that immigration law is being used improperly to ban unwelcome opinions from the Netherlands.
The Immigration and Naturalization Service (IND) informed Icke that he is not welcome as a speaker at a demonstration next Sunday. The organizer is ‘Together for the Netherlands’. It fights ‘against the increasing meddling and regulatory pressure of the government and against globalization’. Anti-vaccine organizations such as ‘Viruswaarheid’ are involved in actions of ‘Samen voor Nederland’, as are the Yellow Vests campaign group and the political party Forum for Democracy.
British activist Icke says he is investigating where power lies in the world. The Twin Towers in New York were allegedly brought down by the Americans on 9/11. A Jewish group is said to be involved in the spread of corona. Icke, unknown in the Netherlands, only became known after Forum party leader Thierry Baudet referred to his ideas that the world is run by ‘reptiles’, according to experts a reference to a Jewish conspiracy.
It Israel Information and Documentation Center (CIDI) had lodged an objection with the municipality of Amsterdam against the arrival of Icke because of his ‘anti-Semitic expressions’. Left-wing activist groups had announced counter-demonstrations. “Your physical presence may trigger stronger responses from the counter-demonstration,” the IND wrote to Icke . on Thursday.
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Entry ban as a weapon
Lawyers believe that the government wrongly uses the weapon of an entry ban and thus limits the freedom of demonstration and expression. “Since about 2005,” says constitutional law professor Jerfi Uzman (University of Amsterdam) “it has become a trend to use immigration law to deny people with unwelcome views the right to enter here. Former minister Rita Verdonk rejected a hate preacher because of ‘anti-integration views’. Now it is about presumed unrest and polarization. I think that is very easy to reason and a worrying development. In this way, the government interferes with the content of opinions.”
The concept of public order is increasingly shifting towards public tranquility, Uzman observes. “We don’t want to be shocked. But that is different from the chance of riots.”
Media lawyer Sander Dikhoff from Amsterdam is also extremely critical. As a main rule, censorship is not allowed, he says. The reasoning to deviate from this because Icke can cause unrest through counteractions, he calls “not strong”. Dikhoff: “There are often counter-protesters on Dam Square or Museumplein. That’s good, especially in this case. But that should not guide the decision to let a controversial person speak.”
Dikhoff thinks that Icke should have been admitted. “Then it should have been monitored whether he makes statements that should be dealt with under criminal or civil law, for example because of hate speech or insult.”