Domestic 'Hate Speech' Provisions (European Union)
| Autor | Paul Coleman |
| Páginas | 139-170 |
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appendix c
domestic “Hate speech” Provisions (european union)
Not everything has been included in the following domestic “hate speech” provisions. For example, there are numerous civil defamation and libel provisions that target speech, as well as broadcasting codes, employment laws and university speech codes. However, the civil provisions are not the focus of this book and some civil laws that limit speech are widely regarded as being legitimate and justified. Moreover, Holocaust Denial laws have not been included on the basis that these arguably fall within a different category of speech restriction and are worthy of analysis separate to the “ate speech” debate. Indeed, the purpose of this book is not to challenge all the laws that restrict speech, but simply to address the modern phenomenon which can loosely be described as “hate speech” laws. Many of the domestic laws have been amended on numerous occasions. In order to make the text of the laws more readable, the long titles of the legislation, together with the numerous amendments, have been omitted. The year of the law therefore refers to the year it was first enacted, not amended, and the version of the law contained in the compendium is the most recent version. While every effort has been made to make the translations contained within the domestic provisions as accurate as possible, the translations are not official.
ausTria
section 115(1), criminal code
Any person who publicly, or in front of several people, insults, mocks, physically abuses or threatens with physical abuse is punishable, if not punishable under any other provision with a more severe penalty, with of a prison sentence of up to three months or a fine of up to 180 daily rates.
section 117(3), criminal code
The offender of an act as referred to in § 115, shall be pursued by the public prosecutor, with the consent of the victim, if they act against the victim because he is a member of a targeted group as referred to in § 283(1) and consists either of mistreatment or abuse or a threat to the victims human dignity, in a hurtful insult or mockery.
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section 188, criminal code
Whoever, in circumstances where his behaviour is likely to arouse justified indignation, disparages or insults a person who, or an object which, is an object of veneration of a church or religious community established within the country, or a dogma, a lawful custom or a lawful institution of such a church or religious community, shall be liable to a prison sentence of up to six months or a fine of up to 360 daily rates.
section 283, criminal code
1) Whoever publicly, in a way that it isaccessible to many people1,
1. prompts or incites (violence or hatred) against a church or religious community or another (group of persons) defined by an existing or missing reference to race, colour, language, religion or belief, nationality, descent or national or ethnic origin, gender, physical or mental disability, age or sexual orientation, or a member of an interest group specifically because of belonging to this group, or
2. insults or belittles with the intentto violate the human dignity of others, or one of the designated groups in paragraph 1, in a manner that encourages to make this group viewed with contempt in the public opinion, or as , or
3. approves, denies, grossly trivializes or justifies crimes as defined in § 321 to § 321(f) which have been legally established by a domestic or an international court wherein the action against one of the groups in paragraph 1 , or a member of such a group is specifically addressed because of belonging to this group, and is carried out in a manner that is likely to incite to violence or hatred against such a group or a member of such a group, shall be punished with up to two years imprisonment.
2) Who else commits the deed under paragraph 1 in a printing unit, on the radio or in a manner that is accessible to a general public, shall be punished with imprisonment up to three years.
3) Who causes by an act under paragraph1 or 2, that other persons exercise violence against one designated group in paragraph 1 or a member of such a group because of its membership in this group, shall be punished with imprisonment from six months up to five years.
4) Any person who is not otherwise accused of any act according to paragraphs 1 to 3, which carry a more severe penalty, and who promotes or endorses or makes it open to the public in a different way, by spreading written material, images, or other presentations of ideas or theories that hatred or violence against a group listed in paragraph 1 no. 1, or advocates against a member of such a group because of his affiliation with this group, in a printed item, through broadcasting, or otherwise in a manner whereby they are disseminating information to the general public, is punishable by up to one year imprisonment or a fine up to 720 daily rates.
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BeLGium
section 144, criminal code
Anyone who insults a religious object by means of actions, words, gestures or threats, whether in a place of worship or a place ordinarily used for worship or during a public religious ceremony, shall be subject to a prison sentence of 15 days to six months and a fine of 26 to 500 Euros.
section 145, criminal code
The same penalties shall apply to anyone who insults a minister of religion, in the exercise of his or her ministry, by means of actions, words, gestures or threats. Assaulting a minister of religion shall carry a prison sentence of two months to two years and a fine of 50 to 500 Euros.
Section 22, Law to combat certain forms of discrimination, 10 May 2007
A prison sentence of one month to one year and a fine of 5,000 Euros, or one of these penalties only, shall be applicable to:
1) Anyone who, in one of the circumstances indicated in § 444 of the Criminal Code,2incites to discrimination against a person, because of one of the protected criteria3, even when not listed in the areas referred to in § 5.
2) Anyone who, in one of the circumstances indicated in § 444 of the Criminal Code, incites hatred or violence against a person, because of one of the protected criteria, even when not listed in the areas referred to in § 5.
3) Anyone who, in one of the circumstances indicated in § 444 of the Criminal Code, incites to discrimination or segregation for a group, a community or their members, because of one of the protected criteria, even when not listed in the areas referred to in § 5.
4) Anyone who, in one of the circumstances indicated in § 444 of the Criminal Code, incites hatred or violence for a group, a community or their members, because of one of the protected criteria, even when not listed in the areas referred to in § 5.
section 26, Law to combat discrimination between women and men, 10 may 2007
For the purposes of this Act discrimination means any form of intentional direct discrimination, intentional indirect discrimination, instruction to discriminate, harassment or sexual harassment based on sex.4A prison sentence of one month to one year and a fine of 5,000 Euros, or one of these penalties only, shall be applicable to:
… [continue as s.22, Law to combat certain forms of discrimination, 10 May 2007]
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chapter 2, act to combat sexism in public places and to amend the act of 10 may 2007 to combat discrimination in order to penalize the act of discrimination, 22 may 2014
1) For the purposes of this Act, the concept of sexism will be understood to mean any gesture or act that, in the circumstances of Article 444 of the Penal Code, is evidently intended to express contempt for a person because of his gender, or that regards them as inferior, or reduces them to their sexual dimension, and which has the effect of violating someone’s dignity.
2) Anyone found guilty of [such conduct] will be punished with a prison sentence of one month to one year, and a fine, or one of these penalties alone.
BuLGaria
section 146, criminal code
1) A person who says or does somethingdegrading to the honour and dignity of an-other in the presence of the latter, shall be punished for insult by a fine from 1,000 up to 3,000 BGN. In such a case the court may also impose the punishment of public censure.
2) If the insulted person has respondedat once with an insult, the court may exempt both of them from punishment.
section 162, criminal code
(1) An individual who preaches or abets to racial, national or ethnical hostility, hatred or racial discrimination through the means of communication as the press, mass media, electronic information systems or through the use of another means, is subjected to a penalty of imprisonment for a term up to four years, a fine from 5,000 to 10,000 BGN and public execration.
[…]
(3) An individual who forms or leads anorganization or a group that has set itself the task of doing activities under paragraph 1 and 2, or systematically tolerates the performance of such activities, is subjected to a penalty of imprisonment for a term from one to six years, a fine from ten to 30 BGN and a public execration.
(4) A person who is a member of such anorganisation or group shall be punished by deprivation of liberty for up to three years and by public censure.
section 164(1), criminal code
Whoever propagates hatred on the basis of religion by speech, in print, or other mass media, through electronic information systems or by the use of another means, is subjected to a penalty of imprisonment for a term of up to four years or probation and a fine from 5,000 to 10,000 BGN.
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section 166, criminal code
Whoever forms a...
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