Volksverhetzung (German: [ˈfɔlksfɐˌhɛtsʊŋ] ), in English "incitement of the masses" (used also in the official English translation of the German Criminal Code), "incitement of popular hatred", "incitement to hatred", 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. 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 of the masses) of the Federal Republic of Germany defines when a person is guilty of Volksverhetzung.
Constituent elements Incitement of the People (Volksverhetzung) is defined by § 130 (incitement of the masses) Section 1 of the Criminal Code:
Section 1 Whoever, in a manner suited to causing a disturbance of the public peace, incites hatred against a national, racial, religious group or a group defined by their ethnic origin, against sections of the population or individuals on account of their belonging to one of the aforementioned groups or sections of the population, or calls for violent or arbitrary measures against them or violates the human dignity of others by insulting, maliciously maligning or defaming one of the aforementioned groups, sections of the population or individuals on account of their belonging to one of the aforementioned groups or sections of the population incurs a penalty of imprisonment for a term of between three months and five years.
Substantiation Although freedom of speech 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 Volksverhetzung. 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". "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 (Volksverhetzungsdelikte) committed abroad. Such an example was the conviction of the Holocaust denier Ernst Zündel by the District Court of Mannheim in February 2007, who was convicted of inciting propaganda he had published from the US and Canada on the Internet.
Similar laws in other countries
Similar laws exist around the world, some examples of which are mentioned below.
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