Incitement to ethnic or racial hatred

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Incitement to ethnic or racial hatred is a crime under the laws of several countries.

Contents

Australia

In Australia, the Racial Hatred Act 1995 amends the Racial Discrimination Act 1975, inserting Part IIA – Offensive Behaviour Because of Race, Colour, National or Ethnic Origin. It does not, however, address the issue of incitement to racial hatred. The Australian state of Victoria has addressed the question, however, with its enactment of the Racial and Religious Tolerance Act 2001.

Finland

In Finland, agitation against an ethnic group (Finnish : kiihottaminen kansanryhmää vastaan) is a crime according to the Criminal Code of Finland's (1889/39 and 2011/511) chapter 11, section 10:

Section 10 – Ethnic agitation (511/2011)

"A person who makes available to the public or otherwise spreads among the public or keeps available for the public information, an expression of opinion or another message where a certain group is threatened, defamed or insulted on the basis of its race, skin colour, birth status, national or ethnic origin, religion or belief, sexual orientation or disability or a comparable basis, shall be sentenced for ethnic agitation to a fine or to imprisonment for at most two years."

Section 10(a) – Aggravated ethnic agitation (511/2011)

"If the ethnic agitation involves incitement or enticement (1) to genocide or the preparation of genocide, a crime against humanity, an aggravated crime against humanity, a war crime, an aggravated war crime, murder, or manslaughter committed for terrorist intent, or (2) to serious violence other than what is referred to in paragraph 1 so that the act clearly endangers public order and safety, and the ethnic agitation also when assessed as a whole is aggravated, the offender shall be sentenced for aggravated ethnic agitation to imprisonment for at least four months and at most four years." [1]

France

Section 24 of the Press Law of 1881 criminalizes incitement to racial discrimination, hatred, or violence on the basis of one's origin or membership in an ethnic, national, racial, or religious group. [2] A criminal code provision deems it an offense to engage in similar conduct via private communication. [3]

In 2002, four Muslim organizations filed a complaint against Michel Houellebecq for stating that Islam was "stupid" and "dangerous" in an interview. The court found that Houellebecq was not immune from the charge on the grounds of literary immunity or freedom of speech, but acquitted him on the grounds that he criticized Islam rather than individual Muslims. [4] [5] [6] In 2005, politician Jean Marie Le Pen was convicted of inciting racial hatred, for comments made to Le Monde in 2003 about the consequences of Muslim immigration in France. [7] [8] [9] Similar complaints were brought in 2015 after he compared Muslim street prayers to the Nazi occupation of France in 2010, but he was acquitted. [10] In 2008, actress and animal-rights campaigner Brigitte Bardot was convicted on charges of inciting racial hatred for her criticism concerning the ritual slaughter of sheep during the feast of Eid al-Adha in a letter to then-Interior Minister Nicolas Sarkozy. Bardot had been convicted of inciting racial hatred on four other occasions over the previous 11 years for criticizing Muslim immigration. [11] [12] [13] [14]

Germany

Volksverhetzung , in English "incitement to hatred" (used also in the official English translation of the German Criminal Code), [15] [16] "incitement of popular hatred", "incitement of the masses", or "instigation of the people", is a concept in German criminal law that refers to incitement to hatred against segments of the population and refers to calls for violent or arbitrary measures against them, including assaults against the human dignity of others by insulting, maliciously maligning, or defaming segments of the population. [15] [16] [17]

It is often applied to, though not limited to, trials relating to Holocaust denial in Germany. The criminal code ( Strafgesetzbuch ) Chapter 7 (Offences against public order), Paragraph 130 (Incitement to hatred) of the Federal Republic of Germany defines when a person is guilty of Volksverhetzung. [15] [16] [17]

Sweden

The current Swedish legislation on incitement of hatred against a population group (Swedish : hets mot folkgrupp) dates back to 1948, and originally only criminalised incitement to hatred based on 'origin' and religion. The actions of the notorious Swedish anti-semite Einar Åberg was cited as one of the reasons for the laws introduction. [18] In 1970 the law was amended to specifically name race and skin colour as well as national and ethnic origin. [19] The law was widened to include hatred based on sexuality in 2002 [20] and gender identity and expression in 2018. [21]

United Kingdom

Under the law of the United Kingdom, "incitement to racial hatred" was established as an offence by the provisions of ss. 17–29 of the Public Order Act 1986, punishable by two years' imprisonment (now seven years). It was first established as a criminal offence in the Race Relations Act 1976.

This offence refers to:

In England and Wales, laws against incitement to hatred against people on religious grounds were later established under the Racial and Religious Hatred Act 2006.

United States

Title I of the Civil Rights Act of 1968 enacted 18 U.S.C. § 245(b)(2). The statute makes it a crime to use, or threaten to use, force to willfully interfere with “any person because of race, color, religion, or national origin” or "because the person is participating in a federally protected activity, such as public education, employment, jury service, travel, or the enjoyment of public accommodations, or helping another person to do so." [22]  

See also

Related Research Articles

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An Act to amend the Criminal Code (hate propaganda), (French: Loi modifiant le Code criminel (propagande haineuse), also known as Bill C-250 during the second and third sessions of the 37th Canadian parliament) is an Act of the Parliament of Canada to amend the Criminal Code. It added penalties for publicly inciting hatred against or encouraging the genocide of people on the basis of sexual orientation and added a defence for the expression of good-faith opinions based on religious texts. It originated in a Private Member's Bill introduced by Svend Robinson, a member of the opposition.

Strafgesetzbuch, abbreviated to StGB, is the German penal code.

In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.

<span class="mw-page-title-main">Racial and Religious Hatred Act 2006</span> United Kingdom legislation

The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion. The Act was the Labour Government's third attempt to bring in this offence: provisions were originally included as part of the Anti-Terrorism, Crime and Security Bill in 2001, but were dropped after objections from the House of Lords. The measure was again brought forward as part of the Serious Organised Crime and Police Bill in 2004-5, but was again dropped in order to get the body of that Bill passed before the 2005 general election.

Volksverhetzung, in English "incitement to hatred", "incitement of popular hatred", "incitement of the masses", or "instigation of the people", is a concept in German criminal law that refers to incitement to hatred against segments of the population and refers to calls for violent or arbitrary measures against them, including assaults against the human dignity of others by insulting, maliciously maligning, or defaming segments of the population.

<span class="mw-page-title-main">Crime and Disorder Act 1998</span> United Kingdom legislation

The Crime and Disorder Act 1998 is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received royal assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex Offender Orders, Parenting Orders, granting local authorities more responsibilities with regards to strategies for reducing crime and disorder, and the introduction of law specific to 'racially aggravated' offences. The Act also abolished rebuttable presumption that a child is doli incapax and formally abolished the death penalty for the last civilian offences carrying it, namely treason and piracy.

<span class="mw-page-title-main">Legality of Holocaust denial</span>

Between 1941 and 1945, the government of Nazi Germany perpetrated the Holocaust: a large-scale industrialised genocide in which approximately six million Jews were systematically murdered throughout German-occupied Europe. Since World War II, several countries have criminalised Holocaust denial—the assertion by antisemites that the genocide was fabricated or has been exaggerated. Currently, 17 European countries, along with Israel and Canada, have laws in place that cover Holocaust denial as a punishable offence. Many countries also have broader laws that criminalise genocide denial as a whole, including that of the Holocaust. Among the countries that have banned Holocaust denial, Austria, the Czech Republic, France, Germany, Hungary, Israel, Poland, Romania, Russia and Ukraine have also banned Nazi symbols. Additionally, any expression of genocide justification is also a criminal offence in several countries, as is any attempt to portray Nazism in a positive light.

<span class="mw-page-title-main">Belgian Anti-Racism Law</span>

The Belgian Anti-Racism Law, in full, the Law of 30 July 1981 on the punishment of certain acts inspired by racism or xenophobia, is a law against hate speech and discrimination passed by the Federal Parliament of Belgium in 1981 which made certain acts motivated by racism or xenophobia illegal. It is also known as the Moureaux Law, as it was proposed to the Parliament by Justice Minister Philippe Moureaux.

<span class="mw-page-title-main">Freedom of speech by country</span>

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<span class="mw-page-title-main">Blasphemy law</span> Law prohibiting blasphemy

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<span class="mw-page-title-main">Hate speech laws in Canada</span> Canadian laws relating to hate speech

Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory.

The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of skin colour, ethnicity, national origin or race. Some jurisdictions also give redress when a person is victimised on account of religion, disability, gender identity, HIV/AIDS status or sexual orientation.

<span class="mw-page-title-main">Race Relations Act 1965</span> Act of the Parliament of the United Kingdom

The Race Relations Act 1965 was the first legislation in the United Kingdom to address racial discrimination.

Hate speech laws in England and Wales are found in several statutes, and differ slightly from the laws adopted in Scotland. Expressions of hatred toward someone on account of that person's colour, race, sex, disability, nationality, ethnic or national origin, religion, or sexual orientation is forbidden. Any communication which is threatening or abusive, and is intended to harass, alarm, or distress someone is forbidden. The penalties for hate speech include fines, imprisonment, or both.

The hate speech laws in France are matters of both civil law and criminal law. Those laws protect individuals and groups from being defamed or insulted because they belong or do not belong, in fact or in fancy, to an ethnicity, a nation, a race, a religion, a sex, a sexual orientation, or a gender identity or because they have a handicap. The laws forbid any communication which is intended to incite discrimination against, hatred of, or harm to, anyone because of his belonging or not belonging, in fact or in fancy, to an ethnicity, a nation, a race, a religion, a sex, a sexual orientation, or a gender identity, or because he or she has a handicap.

<i>An Act to amend the Canadian Human Rights Act and the Criminal Code</i> Canadian federal law relating to gender identity

An Act to amend the Canadian Human Rights Act and the Criminal Code is a law passed in 2017 by the Parliament of Canada. It was introduced as Bill C-16 of the first session of the 42nd Parliament. The law adds gender expression and gender identity as protected grounds to the Canadian Human Rights Act, and also to the Criminal Code provisions dealing with hate propaganda, incitement to genocide, and aggravating factors in sentencing.

<span class="mw-page-title-main">Incitement to genocide</span> Crime under international law

Incitement to genocide is a crime under international law which prohibits inciting (encouraging) the commission of genocide. An extreme form of hate speech, incitement to genocide is an inchoate offense and is theoretically subject to prosecution even if genocide does not occur, although charges have never been brought in an international court without mass violence having occurred. "Direct and public incitement to commit genocide" was forbidden by the Genocide Convention in 1948. Incitement to genocide is often cloaked in metaphor and euphemism and may take many forms beyond direct advocacy, including dehumanization and accusation in a mirror.

Hate speech is public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation. Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".

References

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  2. Loi du 29 juillet 1881 sur la liberté de la presse
  3. Loi n° 90-615 du 13 juillet 1990 tendant à réprimer tout acte raciste, antisémite ou xénophobe
  4. Michael Curtis, Jews, Antisemitism, and the Middle East
  5. "French writer who called Islam 'stupid' cleared by judges". Independent.co.uk . 23 October 2002.
  6. Webster, Paul (17 September 2002). "Calling Islam stupid lands author in court". The Guardian.
  7. "Jean-Marie Le Pen condamné pour incitation à la haine raciale". Le Monde. 24 February 2005.
  8. "WORLD – France's far-right leader Le Pen convicted of inciting racial hatred". Hurriyet Daily News. 2006-05-12. Archived from the original on 2017-03-20.
  9. "Le Pen convicted of inciting racial hatred". Irish Examiner. 11 May 2006. Archived from the original on 15 February 2017.
  10. "Marine Le Pen cleared of inciting hatred". Independent.co.uk . 15 December 2015.
  11. Crumley, Bruce (15 April 2008). "Is Brigitte Bardot Bashing Islam?". Time.
  12. "Ex-film star Bardot gets fifth racism conviction". Reuters. 3 June 2008. Archived from the original on 23 November 2020. Retrieved 18 October 2016.
  13. the feast of Eid al-Adha
  14. Poirier, Agnès (20 September 2014). "Brigitte Bardot at 80: still outrageous, outspoken and controversial". The Guardian.
  15. 1 2 3 Bohlander, Michael (1998), Bundesministerium der Justiz und für Verbraucherschutz: GERMAN CRIMINAL CODE [Federal Ministry of Justice and Consumer Protection: GERMAN CRIMINAL CODE], Federal Ministry of Justice, Germany, para. 130 sec. 1
  16. 1 2 3 Bundesministerium der Justiz und für Verbraucherschutz: Strafgesetzbuch [Federal Ministry of Justice and Consumer Protection: Criminal Code] (in German), Federal Ministry of Justice, Germany, para. 130 sec. 1
  17. 1 2 Shoshan, Nitzan (2008), Reclaiming Germany: Young Right Extremists, the Return of the Nation, and the State of Politics on the Streets of East Berlin, vol. 1, Chicago, Illinois: The University of Chicago, p. 183, ISBN   9780549931096 [ permanent dead link ]
  18. Granström, Görel (2017-06-20). "Den antisemitiske bokhandlaren och kriminaliseringen av hets mot folkgrupp" (in Swedish). Swedish Committee Against Antisemitism.
  19. SFS 1970:224
  20. SFS 2002:800
  21. SFS 2018:1744
  22. "Civil Rights Division | Hate Crime Laws". www.justice.gov. 2016-07-07. Retrieved 2024-09-04.