2008 Criminal Code Extends the Basis for Prosecution of Hate Speech

Policy Response DateMay 20, 2008 Country: Slovenia Address: Ljubljana General Type: Racist discourse Racism and discrimination phenomena: Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Homophobia, On grounds of disability
Groups affected / Interested in: Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability Key socio-economic/institutional areas: Policing - law enforcement, Media, Internet, Political discourse -parties - orgs, Anti-racism Hate speech/Racist Discourse Medium: Internet, TV Media, Radio, Public Discourse, Political Discourse, Newspaper, Printed Publication, Book, Other

In 2008 the Republic of Slovenia made some progress in the state's response to hate speech.

In Article 297 of the 2008 Penal Code (KZ-1), the legislator extended the basis for prosecution to include ‘encouraging other discrimination based on physical or mental deficiencies or sexual orientation’. Before the adoption of the 2008 Criminal Code hate speech included only inciting and inflaming hatred, discord or intolerance based on the racial, religious or national origin. The legislator now also took into account the gravity of consequences resulting from hate speech in the media. Punishment for offence through a publication in the media may now be imposed not only to the direct perpetrators, but also to editors or persons replacing them, save in the case of live broadcast when the contentious acts could not be prevented.

Source:

Criminal Code (kZ-1): http://www.wipo.int/clea/docs_new/pdf/en/si/si045en.pdf