, in English "incitement to hatred" (used also in the official English translation of the

German Criminal Code ''Strafgesetzbuch'' (), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identica ...

), "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 Hate speech is defined by the ''Cambridge Dictionary'' as "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 thoug ...

against segments of the population and refers to calls for violent or arbitrary measures against them, including assaults against the

human dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable ...

of others by insulting, maliciously maligning, or defaming segments of the population. It is often applied to, though not limited to, trials relating to

Holocaust denial Holocaust denial is an antisemitic conspiracy theory that falsely asserts that the Nazi genocide of Jews, known as the Holocaust, is a myth, fabrication, or exaggeration. Holocaust deniers make one or more of the following false statements: ...

in Germany. The criminal code () Chapter 7 (Offences against public order), Paragraph 130 (Incitement to hatred) of the

Federal Republic of Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between ...

defines when a person is guilty of .

Constituent elements

Incitement of the People (''Volksverhetzung'') is defined by § 130 (Incitement to hatred) Section 1 of the Criminal Code:

Section 1

On 21 January 2015, changes to the former text of § 130 Sections 2 and 5, with Section 6 becoming Section 7, took effect following European parliament amendments. At present these changes are not reflected in th
English translation of § 130
as updated in th

Substantiation

Although

freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...

is mentioned by Article 5 of the Basic Law (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 . For any

hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "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 thoug ...

to be punishable as , 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 Despotism ( el, Δεσποτισμός, ''despotismós'') is a form of government in which a single entity rules with absolute power. Normally, that entity is an individual, the despot; but (as in an autocracy) societies which limit respect and ...

against them", or by attacking "the human dignity of others by reviling, maliciously making contemptible or slandering parts of the populace". "Germany places strict limits on speech and expression when it comes to right-wing extremism" or anything reminiscent of Nazism. Hate speech on the basis of sexual orientation and gender identity also is banned in Germany.

Application to offences committed abroad

Offences contrary to § 130 of the Criminal Code committed abroad, whether by German nationals or foreigners, can be pursued as a domestic crime when they so act as if they had been committed within the country, affecting the public peace in Germany and violating the human dignity of German citizens. It is sufficient, for example, that criminal content on the Internet, for example in the form of a HTML page, can be accessed from Germany. Hence, for example, the jurisdiction of German courts can be applied for offences of

sedition Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, estab ...

() committed abroad. Such an example was the conviction of the Holocaust denier

Ernst Zündel Ernst Christof Friedrich Zündel (; 24 April 1939 – 5 August 2017) was a German neo-Nazi publisher and pamphleteer of Holocaust denial literature.

by the District Court of

Mannheim Mannheim (; Palatine German: or ), officially the University City of Mannheim (german: Universitätsstadt Mannheim), is the second-largest city in the German state of Baden-Württemberg after the state capital of Stuttgart, and Germany's 2 ...

in February 2007, who was convicted of inciting propaganda he had published from the US and Canada on the Internet.

History

Historically, the of the

German Confederation The German Confederation (german: Deutscher Bund, ) was an association of 39 predominantly German-speaking sovereign states in Central Europe. It was created by the Congress of Vienna in 1815 as a replacement of the former Holy Roman Empire, w ...

under Austria and led by

Metternich Klemens Wenzel Nepomuk Lothar, Prince of Metternich-Winneburg zu Beilstein ; german: Klemens Wenzel Nepomuk Lothar Fürst von Metternich-Winneburg zu Beilstein (15 May 1773 – 11 June 1859), known as Klemens von Metternich or Prince Metternic ...

included democratic ideals as well as agitation for one, unified German state as .

Similar laws in other countries

Similar laws exist around the world, for instance: * In Austria, is a criminal offense with similar legal elements under section 283 of the

Penal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

. * In the UK,

incitement to ethnic or racial hatred Incitement to ethnic or racial hatred is a crime under the laws of several countries. Australia In Australia, the Racial Hatred Act 1995 amends the Racial Discrimination Act 1975, inserting Part IIA – Offensive Behaviour Because of Race, Colour ...

is a criminal offense under Sections 17–29 of the

Public Order Act 1986 The Public Order Act 1986 (c 64) 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. It implements recommendations

. * In Ireland, the corresponding law is the Prohibition of Incitement to Hatred Act. * A similar law exists in Sweden as ("agitation against a population group"), second section 16th chapter 8§ of the criminal code. * The Finnish criminal code includes a similar law, which calls the crime ("incitement against ethnic groups") in the Finnish version, in the Swedish version: 11th chapter ("On War Crimes and Crimes against Humanity"), 8§. * The Russian Criminal Code such a law called the "incitement of ethnic hatred", which refers to actions aimed at inciting ethnic or racial hatred (Article 282 of the Criminal Code of the Russian Federation). Article 29 of the Constitution states that: Propaganda or campaigning inciting social, racial, national or religious hatred or enmity. The propaganda of social, racial, national, religious or linguistic superiority.

References

External links

The German wording of Section 130

{{Authority control German criminal law Hate speech Holocaust denial in Germany