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Is there a legal definition of hate speech?

Key Area:
Anti-racist Crime Legislation & Implementation
20/12/2011 - 14:10
Short Answer


Qualitative Info

While the category of hate speech is not explicitly used in German criminal code, art. 130 StGB is considered a hate speech provision as it bans incitement to hatred against national, racial, ethnic or religious groups or members of these groups (art. 130 (1) StGB); this provision also bans the purposeful violation of the dignity of the members of these groups through insults and defamation as well as public dissemination of such material. Moreover, article 130 bans holocaust denial (art. 130 (3) StGB) and the public glorification or justification of the NS regime (in a way that violates the dignity of the victims, art. 130 (4) StGB). Article 166 StGB bans insults (that are suitable of hampering the public order) towards a religion, its adherents, organisations and customs.



Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers
Type (R/D)
Key socio-economic / Institutional Areas Anti-racism
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