Volksverhetzung
From Wikipedia, the free encyclopedia
Volksverhetzung (official translation from German: "agition of the people"[1]) is a concept in German criminal law that bans the incitement of hatred against a minority of the population. It often applies in, though it is not limited to, trials relating to holocaust denial in Germany.
Although freedom of speech is guaranteed by Article 5 of the Grundgesetz (Germany's constitution), some restrictions exist, e.g. against personal insults, use of symbols of unconstitutional organizations, or Volksverhetzung. Volksverhetzung includes the spreading of nazism, racist, or other discriminating ideas.
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).
[edit] Comparison to international laws
- See "hate speech" for an extensive review
Similar laws exist around the world, for instance:
- In the UK, incitement to ethnic or racial hatred is a criminal offense under §§ 17-29 of the Public Order Act 1986.
- In Ireland, the corresponding law is the Prohibition of Incitement to Hatred Act.
- A similar law exist in Sweden as "hets mot folkgrupp" ("agitation against a people"), second section 16th chapter 8§ of Criminal law. [2]
