The use of

symbols A symbol is a mark, sign, or word that indicates, signifies, or is understood as representing an idea, object, or relationship. Symbols allow people to go beyond what is known or seen by creating linkages between otherwise different concep ...

of the

Nazi Party The Nazi Party, officially the National Socialist German Workers' Party ( or NSDAP), was a far-right politics, far-right political party in Germany active between 1920 and 1945 that created and supported the ideology of Nazism. Its precursor ...

and

Nazi Germany Nazi Germany, officially known as the German Reich and later the Greater German Reich, was the German Reich, German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a Totalit ...

(1933–1945) is currently subject to legal restrictions in a number of countries, such as

Austria Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...

Belarus Belarus, officially the Republic of Belarus, is a landlocked country in Eastern Europe. It is bordered by Russia to the east and northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Belarus spans an a ...

Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...

, the

Czech Republic The Czech Republic, also known as Czechia, and historically known as Bohemia, is a landlocked country in Central Europe. The country is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the south ...

France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...

Hungary Hungary is a landlocked country in Central Europe. Spanning much of the Pannonian Basin, Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia and ...

Poland Poland, officially the Republic of Poland, is a country in Central Europe. It extends from the Baltic Sea in the north to the Sudetes and Carpathian Mountains in the south, bordered by Lithuania and Russia to the northeast, Belarus and Ukrai ...

Romania Romania is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern and Southeast Europe. It borders Ukraine to the north and east, Hungary to the west, Serbia to the southwest, Bulgaria to the south, Moldova to ...

Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...

Ukraine Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the nor ...

and other countries. While legal in most countries, the display of flags associated with the

Nazi Nazism (), formally named National Socialism (NS; , ), is the far-right politics, far-right Totalitarianism, totalitarian socio-political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Germany. During H ...

government (see: Nazi flags) is subject to restriction or an outright ban in several European countries. Many Nazi flags make use of the

swastika The swastika (卐 or 卍, ) is a symbol used in various Eurasian religions and cultures, as well as a few Indigenous peoples of Africa, African and Indigenous peoples of the Americas, American cultures. In the Western world, it is widely rec ...

symbol; however, the swastika is not always used in connection with the

movement or of the German Third Reich or the combined German military of 1933–1945.

Summary table

Americas

North America

Canada

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

has no legislation specifically restricting the ownership, display, purchase, import, or export of Nazi flags. However, sections 318–320 of the

Criminal Code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

, adopted by Canada's parliament in 1970 and based in large part on the 1965 Cohen Committee recommendations, make it an offence to advocate or promote genocide, to communicate a statement in public inciting hatred against an identifiable group where it is likely to cause a breach of the public peace, or to communicate a statement that willfully promotes hatred (other than in private conversation) against an identifiable group. The Criminal Code also provides a framework for the judicially authorized seizure, forfeiture, and disposal of hate propaganda. Bnai Brith Canada has launched a campaign to ban all Nazi symbols. The

Ottawa City Council Ottawa City Council () is the governing body of the City of Ottawa, Ontario, Canada. It is composed of 24 city councillors and the mayor. The mayor is elected at large, while each councillor represents wards throughout the city. Council member ...

has unanimously voted to support this.

United States

The

First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents Federal government of the United States, Congress from making laws respecting an Establishment Clause, establishment of religion; prohibiting the Free Exercise Cla ...

guarantees

freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...

, which the courts have interpreted to include

hate speech Hate speech is a term with varied meaning and has no single, consistent definition. It is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as ...

, severely limiting the government's authority to suppress it. This allows political organizations great latitude in expressing Nazi, racist, and antisemitic views. A landmark First Amendment case was '' National Socialist Party of America v. Village of Skokie'', in which neo-Nazis threatened to march in Skokie, a predominantly Jewish suburb of Chicago. The march never took place in Skokie, but the court ruling allowed the neo-Nazis to stage a series of demonstrations in Chicago.

South America

Brazil

The use of Nazi symbols is illegal in Brazil. Laws No. 7,716/89 and No. 9,459/97 establish imprisonment and a fine for anyone who produces, markets, distributes, or disseminates symbols, emblems, ornaments, badges, or propaganda that use the swastika to advocate Nazism.

Asia

Iran

Iran has no provisions or laws regarding the use of Nazi imagery.

Japan

The use of Nazi symbols is not a crime in Japan.

Singapore

There are no specific laws banning the use of Nazi symbols, and up to date no one has been punished for displaying Nazi-related symbols in Singapore; but anyone promoting "feelings of ill-will and hostility between different races or classes of the population of Singapore" under laws of

sedition Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, establ ...

may be arrested.

South Korea

The Republic of Korea has no provisions or laws regarding the use of Nazi imagery.

Taiwan

There are currently no provisions and laws in Taiwan that ban or regulate the use of Nazi symbols and imagery as long as it lies within the legal bounds of

under the

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

. The use of Nazi symbolism and imagery in the country has been observed throughout the years, often causing controversy.

Thailand

The use of Nazi symbols is legal in Thailand.

Europe

Austria

strictly prohibits the public display and/or proliferation of all insignia/symbols, emblems, uniforms (full or partial), flags, etc., clearly associated with the National Socialist German Workers' Party (NSDAP, commonly known as the Nazi Party). There are legal exceptions for works of art (including books, films, theatre performances, computer games, and educational/memorial public exhibitions, etc.), these however do not apply if the respective work promotes National Socialism (as this is generally prohibited in Austria). The law has been amended to include commonly recognised replacements or slightly modified depictions of Nazi symbols. Violations of the Badges Act 1960 (Abzeichengesetz 1960), which prohibits the public display of Nazi symbols, result in up to €4000-fine and up to one month of imprisonment as punishment. However, if the violation is deemed an attempt to promote National Socialism, the Prohibition Act 1947 ( Verbotsgesetz 1947) is applied, resulting in up to ten years of imprisonment. However, trading medals, uniforms or other memorabilia is not illegal in Austria. Other fascist insignia banned in Austria include

Ustaše The Ustaše (), also known by anglicised versions Ustasha or Ustashe, was a Croats, Croatian fascist and ultranationalist organization active, as one organization, between 1929 and 1945, formally known as the Ustaša – Croatian Revolutionar ...

symbols that have been prominent on commemorations of Bleiburg repatriations. Banned are the Ustaše logo (U with a grenade), the

Independent State of Croatia The Independent State of Croatia (, NDH) was a World War II–era puppet state of Nazi Germany and Fascist Italy (1922–1943), Fascist Italy. It was established in parts of Axis occupation of Yugoslavia, occupied Yugoslavia on 10 April 1941, ...

coat of arms and flag, the Croatian Defence Forces logo, as well as the Ustaše slogan '' Za dom spremni''.

Belarus

Article 341¹ of the Criminal Code prohibits the public display, production, distribution, or storage for the purpose of distribution of Nazi symbolism or paraphernalia. The offense carries penalties of a fine, arrest, up to three years of restraint of liberty, or up to four years of imprisonment as punishment. Additionally, Article 130¹ of the Criminal Code prohibits the rehabilitation of Nazism, with penalties including a fine, arrest, up to five years of restraint of liberty, or up to five years of imprisonment.

Cyprus

Cyprus Cyprus (), officially the Republic of Cyprus, is an island country in the eastern Mediterranean Sea. Situated in West Asia, its cultural identity and geopolitical orientation are overwhelmingly Southeast European. Cyprus is the List of isl ...

has no legislation designed to restrict the ownership, display, purchase, import or export of Nazi flags, nor does the Criminal Code of Cyprus expressly allow for racist or other bias motives to be taken into account when sentencing. However, use of Nazi flags in a manner likely to cause discrimination, hatred, or violence may be dealt with under Cyprus' ratification of the UN

Convention on the Elimination of All Forms of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discr ...

. This allows for the prosecution of anyone who expresses an idea (in public, using almost any medium including flags) which insults another person's race, religion or ethnicity.

Czech Republic

Czech Republic has no legislation restricting ownership, display, purchase, import or export of Nazi flags; indeed Czech legislation makes even the banning of protests involving such flags very difficult. In 1991, in

Czechoslovakia Czechoslovakia ( ; Czech language, Czech and , ''Česko-Slovensko'') was a landlocked country in Central Europe, created in 1918, when it declared its independence from Austria-Hungary. In 1938, after the Munich Agreement, the Sudetenland beca ...

, the criminal code was amended with 260 which banned propaganda of movements which restricted human rights and freedoms, citing Nazism and Communism. Later the specific mentions of these were removed citing their lack of clear legal definition. However, the law itself was recognised as constitutional."JOINT AMICUS CURIAE BRIEF FOR THE CONSTITUTIONAL COURT OF MOLDOVA ON THE COMPATIBILITY WITH EUROPEAN STANDARDS"
p. 8 The police may cancel such events only once it becomes clear that protesters are inciting hate, which is deemed illegal in the Czech Republic. Legal regulation of hate crimes in the Czech Republic is contained in Act 140/1961 The Criminal Act (amended by Act 175/1990). Act 40/2009 have prohibited promotion of movements aimed at suppressing human rights and freedoms.

Estonia

In early 2007, the

Riigikogu The Riigikogu (, from Estonian ''riigi-'', "of the state", and ''kogu'', "assembly") is the unicameral parliament of Estonia. In addition to approving legislation, the Parliament appoints high officials, including the prime minister and chi ...

was proceeding a draft bill amending the Penal Code to make the public use of Soviet and Nazi symbols punishable if used in a manner disturbing the public peace or inciting hatred. The bill did not come into effect as it passed only the first reading in the Riigikogu.

Finland

Finland Finland, officially the Republic of Finland, is a Nordic country in Northern Europe. It borders Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bothnia to the west and the Gulf of Finland to the south, ...

has no explicit legislation aimed at controlling ownership, display, purchase, import or export of Nazi symbols. However the

(39/1889 contains sections that could situationally limit the usage of Nazi symbolism (e.g. Chapter 11 'War crimes and offences against humanity' section 10 (agitation against a population group) and 10 a (aggravated agitation against a population group)). The Criminal Code's Agitation against a population group sections may be applicable when Nazi symbolism is used to threaten, defame, or insult a certain group "on the basis of its race, colour, birth, national or ethnic origin, religion or belief, sexual orientation or disability or on another comparable basis". It remains ambiguous whether keeping Nazi symbolism visible under certain circumstances constitutes agitation against a population group. Finnish usage of the swastika predates Nazi Germany's usage of the Nazi swastika. As of 2024, flags containing the symbol can be found within the Finnish military. Particularly the Finnish Air Force.

France

In France, it is a crime to display Nazi flags, uniforms and insignia in public, unless for the purpose of a historical film, show, filmmaking or spectacle.Penal code
article R645-1
beware that this article is in the "regulations" part of the code (R articles) and that some editions may include only the "statutes" part (L articles). In April 2000, the International League against Racism and Anti-Semitism and Union des étudiants juifs de France (the Union of French Jewish Students) brought a case against

Yahoo! Yahoo (, styled yahoo''!'' in its logo) is an American web portal that provides the search engine Yahoo Search and related services including My Yahoo, Yahoo Mail, Yahoo News, Yahoo Finance, Yahoo Sports, y!entertainment, yahoo!life, and its a ...

which objected to the auctioning of Nazi memorabilia, in France, via Yahoo!'s website on the basis that it contravened Article R645-1. A French judge did initially order Yahoo! to take measures to make it impossible for users in France to reach any Nazi memorabilia through the Yahoo! site.

Germany

After World War II, the penal code of the Federal Republic of Germany was amended to prohibit propaganda material and symbols of forbidden parties and other organisations (StGB 86 and 86a). This explicitly includes material in the tradition of a former national socialist organization. The production and distribution of such material is prohibited, as is the public display of the related symbols. Legal consequences can be a fine or a prison term of up to three years. Examples are Nazi symbols, such as the swastika and the SS logo. It is legal to use the symbols for educational and artistic purposes, such as in films, museums, shows and video games; the latter was formerly subject to restrictions which led to German-language versions of games to omit or censor any explicit references to Nazism until a ruling in 2018 upheld the recognition of video games as art, thus entitling them under the social adequacy exemption. Exceptions are also made when the symbols are used to ''condemn'' Nazism, rather than ''condone'' it. (i.e. A symbol of a person throwing a swastika in a trash can, a crossed-out swastika, etc. would be legal.)

Hungary

Section 335 of the Act C of 2012 on the Criminal Code of Hungary regulates the "use of symbols of totalitarianism", including the swastika, the insignia of the SS, the ''Nyilaskereszt'', and formerly the

hammer and sickle The hammer and sickle (Unicode: ) is a communist symbol representing proletarian solidarity between industrial and agricultural workers. It was first adopted during the Russian Revolution at the end of World War I, the hammer representing wo ...

, and the five-pointed

red star A red star, five-pointed and filled, is a symbol that has often historically been associated with communist ideology, particularly in combination with the hammer and sickle, but is also used as a purely socialist symbol in the 21st century. ...

Latvia

In June 2013, the

Latvia Latvia, officially the Republic of Latvia, is a country in the Baltic region of Northern Europe. It is one of the three Baltic states, along with Estonia to the north and Lithuania to the south. It borders Russia to the east and Belarus to t ...

n parliament approved a ban on the display of Nazi and Soviet symbols at all public events. The ban involves flags, anthems, uniforms, and the Nazi swastika.

Lithuania

Lithuania Lithuania, officially the Republic of Lithuania, is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea, bordered by Latvia to the north, Belarus to the east and south, P ...

banned Nazi symbols in 2008 (Article 188¹⁸ of the Code of Administrative Offences) under the threat of a fine. Article 5 of the Law on Meetings prohibits meetings involving Nazi and Soviet imagery.

Poland

In 2009, § 2 to 4 were added to Article 256 of the

Polish Penal Code ''Kodeks Karny'' is Poland's criminal-law code. The name is often abbreviated ''KK''. Modern Polish legal history has seen the introduction of three penal codes: in 1932; in 1969, during the communist Communism () is a sociopolitical, p ...

banning the "production, recording, importing, acquiring, storing, possessing, presenting or transporting" for the purpose of dissemination of "prints, recordings or other objects" that "publicly promote a fascist or other totalitarian system of state", unless done "as part of artistic, educational, collecting or academic activity", and provides for forfeiture regardless of owner upon conviction.

Russia

Russian administrative code prohibits propaganda, production and dissemination of Nazi symbols, lookalikes, and the

Rising Sun Flag The is a Japanese flag that consists of a red disc and sixteen red rays emanating from the disc. Like the Flag of Japan, Japanese national flag, the Rising Sun Flag symbolizes the Sun. The flag was originally used by daimyō, feudal warlords ...

with fines up to 100,000

rubles The ruble or rouble (; rus, рубль, p=rublʲ) is a currency unit. Currently, currencies named ''ruble'' in circulation include the Russian ruble (RUB, ₽) in Russia and the Belarusian ruble (BYN, Rbl) in Belarus. These currencies are su ...

Serbia

In 2009,

Serbia , image_flag = Flag of Serbia.svg , national_motto = , image_coat = Coat of arms of Serbia.svg , national_anthem = () , image_map = , map_caption = Location of Serbia (gree ...

passed a law prohibiting "manifestations of

Neo-nazi Neo-Nazism comprises the post–World War II militant, social, and political movements that seek to revive and reinstate Nazism, Nazi ideology. Neo-Nazis employ their ideology to promote hatred and Supremacism#Racial, racial supremacy (ofte ...

Fascist Fascism ( ) is a far-right, authoritarian, and ultranationalist political ideology and movement. It is characterized by a dictatorial leader, centralized autocracy, militarism, forcible suppression of opposition, belief in a natural soci ...

organizations and associations, and use of the Neo-nazi or Fascist symbols and insignia".

Spain

In Spain, there is no law prohibiting the display of Nazi symbology except when associated with criminal conduct. A proposed ban is still awaiting consideration.

Switzerland

On 9 February 2022, the

Federal Council of Switzerland The Federal Council is the federal Cabinet (government), cabinet of the Switzerland, Swiss Confederation. Its seven members also serve as the collective head of state and Head of government, government of Switzerland. Since World War II, the F ...

rejected a ban on Nazi symbols and salutes.

Ukraine

The public display of Nazi and communist flags is illegal in Ukraine. Exceptions are symbols used for artistic, educational, scientific and historical purposes, symbols that were used until 1991.

United Kingdom

According to the British law, the use of Nazi symbols is not a crime, but it was from 1939 until 1945.

Oceania

Australia

The public display of Nazi flags is illegal nationwide, as well as in the states of

New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...

Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...

Tasmania Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...

, Victoria (also banned the

Nazi salute The Nazi salute, also known as the Hitler salute, or the ''Sieg Heil'' salute, is a gesture that was used as a greeting in Nazi Germany. The salute is performed by extending the right arm from the shoulder into the air with a straightened han ...

) and

Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...

. Laws have also been proposed in the remaining states and territories. In June 2023, the Albanese government introduced legislation to criminalize the sale and public display of Nazi symbols and the public performance of the Nazi salute. It was introduced under the bill "Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures)". The law went into effect on 8 January 2024, and violations are punishable by up to 12 months in prison. On 8 October 2024, Jacob Hersant of the National Socialist Network became the first Victorian to be found guilty of performing a

New Zealand

The use of Nazi symbols is not a crime in New Zealand.

Notes

References

External links

* * {{DEFAULTSORT:Post-World War II legality of Nazi flags Aftermath of World War II Censorship Censorship in Brazil Censorship in Europe Flag controversies Flags of Nazi Germany Iconoclasm Nazi symbolism Symbols of Nazi Germany