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Is there a legal definition of hate speech?

Code:
RED22
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
11/01/2012 - 20:31
Short Answer

Yes, in Article 297 of the Criminal Code.

Qualitative Info

The definition of hate speech is established in Article 297 of the Criminal Code (Public Incitement to Hatred, Violence or Intolerance) stating that one who publicly provokes or stirs up ethnic, racial, religious or other hatred, strife or intolerance, or provokes any other inequality on the basis of physical or mental deficiencies or sexual orientation, shall be punished by imprisonment of up to two years.

Second paragraph of Article 297 stipulates that the same sentence shall be imposed on a person who publicly disseminates ideas on the supremacy of one race over another, or provides aid in any manner for racist activity or denies, diminishes the significance of, approves, disregards, makes fun of, or advocates genocide, holocaust, crimes against humanity, war crime, aggression, or other criminal offences against humanity.

If the offence is committed by publication in mass media, the editor or the person acting as the editor are also punished, except if it was a live broadcast and they were not able to prevent the offence.
The Criminal Code also stipulates two aggravated forms of these crimes – if they were committed in official capacity or with coercion, threat etc.


Source: http://www.dz-rs.si/wps/portal/Home/deloDZ/zakonodaja/izbranZakonAkt?uid=C12563A400338836C1257435005A1F1C&db=spr_zak&mandat=VI

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief
Key socio-economic / Institutional Areas Media, Internet, Political discourse -parties - orgs, Anti-discrimination, Anti-racism, Daily life, Religion
External Url
Situation(s)
Library
28/01/2013 - 02:30
Short Answer

Yes, in Article 297 of the Criminal Code.

Qualitative Info

The definition of hate speech is established in Article 297 of the Criminal Code (Public Incitement to Hatred, Violence or Intolerance) stating that whoever publicly provokes or stirs up hatred, violence or intolerance on the basis of nationality, race, religion or ethnic roots, gender, skin colour, origin, financial situation, education, social position, political or other beliefs, disability, sexual orientation or any other personal circumstance and the conduct is carried out in a way that is likely to endanger or disturb public order, or by threatening, abusing or insulting, shall be punished by imprisonment of up to two years.

Second paragraph of Article 297 stipulates that the same sentence shall be imposed on a person who publicly disseminates ideas on the supremacy of one race over another, or provides aid in any manner for racist activity or denies, diminishes the significance of, approves, disregards, makes fun of, or advocates genocide, holocaust, crimes against humanity, war crime, aggression, or other criminal offences against humanity as defined in the legal order of the Republic of Slovenia.

If the offence is committed by publication in mass media, the editor or the person acting as the editor are also punished, except if it was a live broadcast and they were not able to prevent the offence.
The Criminal Code also stipulates two aggravated forms of these crimes – if they were committed in official capacity or with coercion, threat etc.


Source: http://www.uradni-list.si/1/objava.jsp?urlid=201250&stevilka=2065

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief
Key socio-economic / Institutional Areas Media, Internet, Political discourse -parties - orgs, Anti-discrimination, Anti-racism, Daily life, Religion
External Url
Situation(s)
Library