Volksverhetzung
Encyclopedia
Volksverhetzung is a concept in German criminal law that bans the incitement of hatred against a segment of the population. It often applies in, though it is not limited to, trials relating to Holocaust denial
in Germany
. The German penal code (Strafgesetzbuch
) establishes that someone is guilty of Volksverhetzung if the person:
There are also special provisions for Holocaust denial (added in the 1990s) and speech justifying or glorifying the Nazi government 1933-1945 (recently added).
Although freedom of speech
is mentioned by Article 5 of the Grundgesetz (Germany's constitution
), said article basically protects any non-outlawed speech. Restrictions exist, e.g. against personal insults, use of symbols of unconstitutional organizations, or Volksverhetzung. It is a common misconception that Volksverhetzung includes any spreading of nazism, racist, or other discriminatory ideas. For any hate speech
to be punishable as Volksverhetzung, the law requires that said speech be "qualified for disturbing public peace" either by inciting "hatred against parts of the populace" or calling for "acts of violence or despotism against them", or by attacking "the human dignity of others by reviling, maliciously making contemptible or slandering parts of the populace".
Volksverhetzung is a punishable offense under Section 130 of the Strafgesetzbuch (Germany's criminal code) and can lead to up to five years imprisonment. Volksverhetzung is punishable in Germany even if committed abroad and even if committed by non-German citizens, if the incitement of hatred takes effect on German territory—that is, the seditious sentiment was expressed in written or spoken German and disseminated in Germany (German criminal code's Principle of Ubiquity
, Section 9 Paragraph 1 Alternatives 3 and 4 of the Strafgesetzbuch
).
Holocaust denial
Holocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...
in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
. The German penal code (Strafgesetzbuch
Strafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...
) establishes that someone is guilty of Volksverhetzung if the person:
in a manner that is capable of disturbing the public peace:
- incites hatred against segments of the population or calls for violent or arbitrary measures against them; or
- assaults the human dignity of others by insulting, maliciously maligning, or defaming segments of the population
There are also special provisions for Holocaust denial (added in the 1990s) and speech justifying or glorifying the Nazi government 1933-1945 (recently added).
Although freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
is mentioned by Article 5 of the Grundgesetz (Germany's constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
), said article basically protects any non-outlawed speech. Restrictions exist, e.g. against personal insults, use of symbols of unconstitutional organizations, or Volksverhetzung. It is a common misconception that Volksverhetzung includes any spreading of nazism, racist, or other discriminatory ideas. For any hate speech
Hate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
to be punishable as Volksverhetzung, the law requires that said speech be "qualified for disturbing public peace" either by inciting "hatred against parts of the populace" or calling for "acts of violence or despotism against them", or by attacking "the human dignity of others by reviling, maliciously making contemptible or slandering parts of the populace".
Volksverhetzung is a punishable offense under Section 130 of the Strafgesetzbuch (Germany's criminal code) and can lead to up to five years imprisonment. Volksverhetzung is punishable in Germany even if committed abroad and even if committed by non-German citizens, if the incitement of hatred takes effect on German territory—that is, the seditious sentiment was expressed in written or spoken German and disseminated in Germany (German criminal code's Principle of Ubiquity
Principle of Ubiquity
In German criminal code, Principle of Ubiquity, states that the crime is considered to have occurred in the place of the action of the perpetrator or in the place where the harm occurred...
, Section 9 Paragraph 1 Alternatives 3 and 4 of the Strafgesetzbuch
Strafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...
).
Comparison to international laws
Similar laws exist around the world, for instance:- In the UK, incitement to ethnic or racial hatred is a criminal offense under Sections 17-29 of the Public Order Act 1986Public Order Act 1986The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
. - In IrelandIrelandIreland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, the corresponding law is the 'Prohibition of Incitement to Hatred Act'. - A similar law exists in Sweden as "hets mot folkgrupp" ("agitation against a people"), second section 16th chapter 8§ of Criminal law.
- The Finnish Criminal Law also includes a similar law, the crime being called "kiihottaminen kansanryhmää vastaan" in the Finnish version, "hets mot folkgrupp" in the Swedish version: 11th chapter ("On War Crimes and Crimes against Humanity"), 8§.