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International laws against hate speech
Published Thursday, 09-Apr-2009 in issue 1111
United Kingdom: Incitement to racial hatred is an offense, with a maximum of up to seven years in prison. Incitement to sexual-orientation hatred has not yet been added to the code.
Germany: Incitement of hatred against a minority under certain circumstances, receives up to five years in prison. The same law applies if committed by Germans outside of Germany, as well as non-Germans while on German territory.
Ireland: The Prohibition of Incitement to Hatred Act exempts words or behaviors which are “threatening, abusive, or insulting, and are intended or, having regard to all circumstances, are likely to stir up hatred” from the right to free speech. This applies to hatred based on “race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation.”
Canada: Advocating genocide or incited harm against any “identifiable group” is subject to maximum of two to 14 years. An “identifiable group” is defined as “any section of the public distinguished by colour, race, ethnic origin or sexual orientation.” Exceptions are made for “statements of truth, and subjects of public debate and religious doctrine.”
Iceland: “Anyone who in a ridiculing, slanderous, insulting, threatening or any other manner publicly assaults [not limited to physical violence, only to expressions of hatred] a person or a group of people on the basis of their nationality, skin colour, race, religion or sexual orientation, shall be fined or jailed for up to two years.”
New Zealand: It is unlawful to publish or distribute “threatening, abusive, or insulting…matter or words likely to excite hostility against or bring into contempt any group of persons…on the ground of colour, race, or ethnic or national or ethnic origins of that group of persons.” Including sexual orientation into the code of punishable acts is underway.
Sweden: Defined as publicly making statements that threaten or express disrespect for an ethnic group or similar group regarding their “race, skin colour, national or ethnic origin, faith or sexual orientation.”
Denmark: It is prohibited to express hate speech, and Danish law defines it as publicly making statements that threaten, ridicule or hold in contempt a group due to race, skin color, national or ethnic origin, faith or sexual orientation.
Norway: The courts have been extremely assertive in prohibiting hate speech, and Norwegian law defines it as publicly making statements that threaten or ridicule someone or that incite hatred, persecution or contempt for someone due to their skin color, ethnic origin, homosexual lifestyle or orientation or religion or philosophy of life.
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