Germany
[edit]§ 130 Public incitement
In Germany, Volksverhetzung ("incitement of the people") is a concept in German criminal law that bans the incitement of hatred against a segment of the population. It often applies in (although is not limited to) trials relating to Holocaust denial in Germany. In addition, Strafgesetzbuch § 86a outlaws various symbols of "unconstitutional organisations", such as the Swastika and the SS runes.
§ 130 Public Incitement (1985, Revised 1992, 2002, 2005)
(1) Whoever, 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,
shall be punished with imprisonment from three months to five years.
(...)
(3) Whoever publicly or in a meeting approves of, denies or belittles an act committed under the rule of National Socialism of the type indicated in Section 6 subsection (1) of the Code of Crimes against International Law, in a manner capable of disturbing the public peace shall be punished with imprisonment for not more than five years or a fine.
(4) Whoever publicly or in a meeting disturbs the public peace in a manner that assaults the human dignity of the victims by approving of, denying or rendering harmless the violent and arbitrary National Socialist rule shall be punished with imprisonment for not more than three years or a fine. (...)[23]
The definition of section 6 of the Code of Crimes against International Law referenced in the above § 130 is as follows:
§ 6 Genocide
(1) Whoever with the intent of destroying as such, in whole or in part, a national, racial, religious or ethnic group:
kills a member of the group,
causes serious bodily or mental harm to a member of the group, especially of the kind referred to in section 226 of the Criminal Code,
inflicts on the group conditions of life calculated to bring about their physical destruction in whole or in part,
imposes measures intended to prevent births within the group,
forcibly transfers a child of the group to another group, shall be punished with imprisonment for life. (...)[24