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Is there a legal definition of hate speech?

Code:
RED22
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
28/02/2012 - 05:11
Short Answer

Yes.

Qualitative Info

 

Several existing legal provisions address racist violence and other hate crimes. The criminal provisions on hate speech are found in the two constitutional laws, Freedom of Press (Tryckfrihetsförordningen) and Freedom of Speech (Yttrandefrihetsgrundlagen) Acts and in the Swedish Penal Code Ch. 16 para 8 (Brottsbalken 16:8).

Aggravating circumstances concerning common offences with a racist motive,  Chapter 29, section 2 (7) of the Penal Code provides for the racist motives of offenders to be taken into account as an aggravating circumstance when sentencing in cases of criminal acts such as assault, unlawful threat, molestation and inflicting damage. The aggravating circumstances include: ‘a motive for the crime was to aggrieve a person, ethnic group or some other similar group of people by reason of race, colour, national or ethnic origin, religious belief, sexual orientation or other similar circumstance’.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability, Africans/black people, National minorities
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Anti-roma/zinghanophobia, Religious intolerance, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia
Key socio-economic / Institutional Areas Policing - law enforcement, Employment - labour market, Housing, Health and social protection, Education, Culture, Media, Internet, Sport, Political discourse -parties - orgs, Political participation, Anti-discrimination, Anti-racism, Integration - social cohesion, Daily life, Religion
External Url http://www.bra.se/extra/news/?module_instance=23&id=6
Situation(s)
Library
Thematic Study on Racist and related hate crimes in the EU - The case of Sweden