Laws Against Holocaust Denial
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Between 1941 and 1945, the government of
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 ...
perpetrated
the Holocaust The Holocaust (), known in Hebrew language, Hebrew as the (), was the genocide of History of the Jews in Europe, European Jews during World War II. From 1941 to 1945, Nazi Germany and Collaboration with Nazi Germany and Fascist Italy ...
: a large-scale industrialised genocide in which approximately six million
Jews Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
were systematically murdered throughout
German-occupied Europe German-occupied Europe, or Nazi-occupied Europe, refers to the sovereign countries of Europe which were wholly or partly military occupation, militarily occupied and civil-occupied, including puppet states, by the (armed forces) and the governmen ...
. Since
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, several countries have criminalised
Holocaust denial Historical negationism, Denial of the Holocaust is an antisemitic conspiracy theory that asserts that the genocide of Jews by the Nazi Party, Nazis is a fabrication or exaggeration. It includes making one or more of the following false claims: ...
—the assertion by antisemites that the genocide was fabricated or has been exaggerated. Currently, 17 European countries, along with
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 ...
and
Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
, have laws in place that cover Holocaust denial as a punishable offence. Many countries also have broader laws that criminalise
genocide denial Genocide denial is the attempt to deny or minimize the scale and severity of an instance of genocide. Denial is an integral part of genocide and includes the secret planning of genocide, propaganda while the genocide is going on, and destruction ...
as a whole, including that of the Holocaust. Among the countries that have banned Holocaust denial,
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 ...
,
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 ...
and
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 ...
have also banned Nazi symbols. Additionally, any expression of genocide justification is also a criminal offence in several countries, as is any attempt to portray
Nazism Nazism (), formally named National Socialism (NS; , ), is the far-right totalitarian socio-political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Germany. During Hitler's rise to power, it was fre ...
in a positive light. Legislation against Holocaust denial has been proposed in many countries that do not have it in place, including the United Kingdom and the United States. However, the proposal and implementation of these laws has been criticised and met with opposition, including from a variety of civil/human rights activists, who contend that the outlawing of these acts would violate people's established rights for
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 ...
. Organisations representing the groups that were victimised during the Holocaust have generally been split in their opinions about anti-Nazi legislation, including that which deals with the legality of Holocaust denial. Some courts in Germany, the United Kingdom and the United States have taken judicial notice that the Holocaust occurred during World War II.


Criticism and commentary

Scholars have pointed out that countries that specifically ban Holocaust denial generally have legal systems that limit speech in other ways, such as banning
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 ...
. According to D. D. Guttenplan, this is a split between the "''
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
countries'' of the United States, Ireland and many
British Commonwealth The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an international association of 56 member states, the vast majority of which are former territories of the British Empire The B ...
countries from the ''civil law countries'' of continental Europe and Scotland. In civil law countries the law is generally more proscriptive. Also, under the civil law regime, the judge acts more as an inquisitor, gathering and presenting evidence as well as interpreting it". Michael Whine argues that Holocaust denial can inspire violence against Jews; he states, "Jews' experience in the post-World War II era suggests that their rights are best protected in open and tolerant democracies that actively prosecute all forms of racial and religious hatred". János Kis and in particular
András Schiffer András Schiffer (born 19 June 1971 in Budapest) is a Hungarian lawyer and former politician, who served as co-president of the Politics Can Be Different and leader of its parliamentary group. Schiffer announced his retirement from politics on ...
feel the work of Holocaust deniers should be protected by a universal right to free speech. An identical argument was used by the Hungarian Constitutional Court ( Alkotmánybíróság) led by László Sólyom when it struck down a law against Holocaust denial in 1992. The argument that laws punishing Holocaust denial are incompatible with the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
and the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...
have been rejected by institutions of the
Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
(the
European Commission of Human Rights The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the 1998 entry into force of European Convention on Human Rights#Protocol 11, Protocol 11 to the European Convention on Human Rights, individuals d ...
, the
European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
) and also by the United Nations Human Rights Committee. Historians who oppose such laws include Raul Hilberg, Richard J. Evans, Pierre Vidal-Naquet, and Timothy Garton Ash. Other prominent opponents include
Christopher Hitchens Christopher Eric Hitchens (13 April 1949 – 15 December 2011) was a British and American author and journalist. He was the author of Christopher Hitchens bibliography, 18 books on faith, religion, culture, politics, and literature. He was born ...
, Peter Singer, and
Noam Chomsky Avram Noam Chomsky (born December 7, 1928) is an American professor and public intellectual known for his work in linguistics, political activism, and social criticism. Sometimes called "the father of modern linguistics", Chomsky is also a ...
who wrote:
It seems to me something of a scandal that it is even necessary to debate these issues two centuries after
Voltaire François-Marie Arouet (; 21 November 169430 May 1778), known by his ''Pen name, nom de plume'' Voltaire (, ; ), was a French Age of Enlightenment, Enlightenment writer, philosopher (''philosophe''), satirist, and historian. Famous for his wit ...
defended the right of free expression for views he detested. It is a poor service to the memory of the victims of the holocaust to adopt a central doctrine of their murderers.
An uproar resulted when Serge Thion used one of Chomsky's essays without explicit permission as a foreword to a book of Holocaust denial essays (see Faurisson affair). In January 2019, in an interview in ''
The New Yorker ''The New Yorker'' is an American magazine featuring journalism, commentary, criticism, essays, fiction, satire, cartoons, and poetry. It was founded on February 21, 1925, by Harold Ross and his wife Jane Grant, a reporter for ''The New York T ...
'' in connection with the publication of her book, '' Antisemitism: Here and Now'', Holocaust historian Deborah E. Lipstadt expressed her opposition to laws against expressing Holocaust denial:
I still am a firm opponent of laws against Holocaust denial. First of all, I'm a pretty fierce advocate of the First Amendment. Having been sued for libel, and having had that in my life for about six years, I'm more than ever. Even though libel is not covered by the First Amendment, avid Irvingwouldn't have been able to sue me in this country because he was a public figure.But I also don't think that these laws are efficacious. Forget the morality – I don't think they work. I think they turn whatever is being outlawed into forbidden fruit. We saw it in Germany, when ''
Mein Kampf (; ) is a 1925 Autobiography, autobiographical manifesto by Nazi Party leader Adolf Hitler. The book outlines many of Political views of Adolf Hitler, Hitler's political beliefs, his political ideology and future plans for Nazi Germany, Ge ...
'' was released from the embargo on it a few years ago. People bought it because suddenly it was something they could get ahold of. I just don't think these laws work. And the third reason I'm opposed to them is I don't want politicians making a decision on what can and cannot be said. That scares me enormously.
These laws have also been criticized on the grounds that education is more effective than legislation at combating Holocaust denial and that the laws will make martyrs out of those imprisoned for their violation.


By country


Australia

While
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
lacks a specific law against Holocaust denial, Holocaust denial is prosecuted in Australia under various laws against "
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 ...
" and " racial vilification". Fredrick Töben was found guilty at Australia's Federal Court of contempt in 2009 for not following a court order in 2002 to desist from publishing anti-semitic material on his Adelaide Institute website. The material queried whether the Holocaust happened, as well as the presence of gas chambers at the Auschwitz death camps.


Austria

In
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 ...
, the Verbotsgesetz 1947 provided the legal framework for the process of denazification in Austria and suppression of any potential revival of Nazism. In 1992, it was amended to prohibit the denial or gross minimisation of the Holocaust.


Belgium

In
Belgium Belgium, officially the Kingdom of Belgium, is a country in Northwestern Europe. Situated in a coastal lowland region known as the Low Countries, it is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeas ...
, Holocaust denial was made illegal in 1995.


Bosnia and Herzegovina

In May 2007 Ekrem Ajanovic, a
Bosniak The Bosniaks (, Cyrillic script, Cyrillic: Бошњаци, ; , ) are a South Slavs, South Slavic ethnic group native to the Southeast European historical region of Bosnia (region), Bosnia, today part of Bosnia and Herzegovina, and who sha ...
MP in the Bosnian Parliament proposed legislation criminalizing the denial of the Holocaust, genocide and crimes against humanity, the first time a lawmaker in
Bosnia and Herzegovina Bosnia and Herzegovina, sometimes known as Bosnia-Herzegovina and informally as Bosnia, is a country in Southeast Europe. Situated on the Balkans, Balkan Peninsula, it borders Serbia to the east, Montenegro to the southeast, and Croatia to th ...
had made such a suggestion. Bosnian Serb MPs voted against it, proposing the issue should be resolved within the criminal code of Bosnia and Herzegovina. Following this, on 6 May 2009 Bosniak MPs Adem Huskic, Ekrem Ajanovic and Remzija Kadric proposed to parliament a change to the Criminal Code of
Bosnia and Herzegovina Bosnia and Herzegovina, sometimes known as Bosnia-Herzegovina and informally as Bosnia, is a country in Southeast Europe. Situated on the Balkans, Balkan Peninsula, it borders Serbia to the east, Montenegro to the southeast, and Croatia to th ...
where Holocaust, genocide and crimes against humanity denial would be criminalized. Bosnian Serb MPs have repeatedly been opposed to such legislation claiming that the law "would cause disagreement and even animosity" according to SNSD member Lazar Prodanovic. On 23 July 2021, the High Representative of Bosnia and Herzegovina Valentin Inzko passed a law using the Bonn Powers given to him banning the denial of genocides, crimes against humanity and war crimes.


Brazil

While Holocaust denial is not explicitly prohibited in Brazilian law, precedents tend to lead to conviction. As of 11 February 2022, several bills criminalizing the act are pending in the Brazilian National Congress.


Bulgaria

In 2011, the Bulgarian Parliament passed amendment to the Bulgarian Criminal Code, introducing new art. 419a.


Canada

The legality of Holocaust denial in Canada has come up in several court cases. In '' R v Zundel'', the Supreme Court of Canada ruled that Ernst Zündel, a German-born immigrant, who was a prolific Holocaust denier, could not be convicted for "spreading of false news", as it would be against Canada's Charter guarantee of free expression. According to ''
The Canadian Press The Canadian Press (CP; , ) is a Canadian national news agency headquartered in Toronto, Ontario. Established in 1917 as a vehicle for Canadian newspapers to exchange news and information, The Canadian Press has been a privately-held company, pr ...
'', the federal government announced a bill in 2022 that will change 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 ...
to outlaw Holocaust denial and similar forms of antisemitic hate speech. As of 23 June 2022, the willful promotion of antisemitism is illegal in Canada. Persons found guilty of wilfully promoting antisemitism by "condoning, denying or downplaying the Holocaust" may receive a prison sentence not more than 2 years or a summary conviction. There is an exception for "other than in private conversation" though it doesn't define what private means in this context.


Czech Republic

In 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 ...
, Holocaust denial and denial of communist-perpetrated atrocities is illegal.


France

In
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 ...
, the Gayssot Act, voted for on 13 July 1990, makes it illegal to question the existence of crimes that fall in the category of
crimes against humanity Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as ...
as defined in the London Charter of 1945, on the basis of which Nazi leaders were convicted by the International Military Tribunal at
Nuremberg Nuremberg (, ; ; in the local East Franconian dialect: ''Nämberch'' ) is the Franconia#Towns and cities, largest city in Franconia, the List of cities in Bavaria by population, second-largest city in the States of Germany, German state of Bav ...
in 1945–46. When the act was challenged by Robert Faurisson, the Human Rights Committee upheld it as a necessary means to counter possible
antisemitism Antisemitism or Jew-hatred is hostility to, prejudice towards, or discrimination against Jews. A person who harbours it is called an antisemite. Whether antisemitism is considered a form of racism depends on the school of thought. Antisemi ...
. Similarly, the applications of Pierre Marais and Roger Garaudy were rejected by the
European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
, in 1996 and 2003. In 2012, the Constitutional Council of France ruled that to extend the Gayssot Act to the Armenian genocide denial was unconstitutional because it violated the
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 ...
. The Gayssot Act itself, however, was found consistent with the Constitution four years later.


Germany


§ 130 Incitement to hatred

In
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 ...
, ('incitement to hatred') is a concept in German criminal law that bans incitement to hatred against segments of the population. It often applies to (though not limited to) trials relating to Holocaust denial in Germany. In addition, outlaws various symbols of "unconstitutional organisations", such as
Nazi symbolism The 20th-century German Nazi Party made extensive use of graphic symbols, especially the swastika, notably in the form of the swastika flag, which became the co-national flag of Nazi Germany in 1933, and the sole national flag in 1935. A very ...
or the ISIL flag. The definition of section 6 of the Code of Crimes against International Law referenced in the above § 130 is as follows:


Other sections

The following sections of the German criminal code are also relevant:


Judicial notice

The German Federal Supreme Court has, in at least one case, taken judicial notice that the Holocaust occurred.


Greece

In September 2014, with a vote of 54 out of 99 present of the 300-member
Hellenic Parliament The Parliament of the Hellenes (), commonly known as the Hellenic Parliament (), is the Unicameralism, unicameral legislature of Greece, located in the Old Royal Palace, overlooking Syntagma Square in Athens. The parliament is the supreme demo ...
(the body was in summer session at the time), Greece amended its 1979 law 'On the penalization of actions or activities intending unto racial discrimination' (N.927/1979) to make malicious denial of the Holocaust and other crimes against humanity for the purposes of inciting violence, discrimination or hatred or by way of threat or insult, a criminal offense. In contrast to other European countries, the Greek law is not a blanket ban on expressing the opinion that a genocide did not take place, but rather requires an additional condition of intending to cause violence, incite hatred or threaten or insult a protected group. This law was harshly criticised at the time of its passage for its vague language and alleged infringement of freedom of expression. In a letter signed by 139 Greek historians, they argued that "as international experience has shown, such provisions lead down dangerous paths: they critically wound the democratic and inalienable right to freedom of speech, while simultaneously not being at all effective in terms of fighting racism and Nazism. Indeed, they often lead to the opposite result, allowing the enemies of democracy to present themselves to public opinion as "victims" of censorship and authoritarianism. The conditions set forth in the bill, being highly vague and fluid, are unfortunately not a guarantee." The first prosecution under Article 2 of the law was brought against German historian Heinz A. Richter, who was tried
in absentia ''In Absentia'' is the seventh studio album by British progressive rock band Porcupine Tree, first released on 24 September 2002. The album marked several changes for the band, with it being the first with new drummer Gavin Harrison and the f ...
for denying Nazi atrocities in Crete during World War II. The court found Richter not guilty on the grounds that, while his work was proven to contain historical inaccuracies, there was no evidence he intended to incite hatred against the people of Crete and that the 2014 law was
unconstitutional In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...
, as it violated the principle of
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 ...
. Though the finding of unconstitutionality is not finally binding, as it was issued by a court of first instance, as of March 2018, no one has been successfully convicted in Greece for genocide denial under this law.


Hungary

The
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
of
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 ...
declared the denial or trivialization of the Holocaust a crime punishable by up to three years' imprisonment on 23 February 2010. The law was signed by President László Sólyom in March 2010. On 8 June 2010, the newly elected Fidesz-dominated parliament changed the formulation of the law to "punish those, who deny the genocides committed by national socialist or communist systems, or deny other facts of deeds against humanity". In 2011, the first man was charged with Holocaust denial in
Budapest Budapest is the Capital city, capital and List of cities and towns of Hungary, most populous city of Hungary. It is the List of cities in the European Union by population within city limits, tenth-largest city in the European Union by popul ...
. The Court sentenced the man to 18 months in prison, suspended for three years, and probation. He also had to visit either Budapest's memorial museum, Auschwitz or Yad Vashem in Jerusalem. He chose his local Holocaust Memorial Center and had to make three visits in total and record his observations. In January 2015, the court ordered far-right on-line newspaper ''Kuruc.info'' to delete its article denying the Holocaust published in July 2013, which was the first ruling in Hungary of its kind. The Association for Civil Liberties (TASZ) offered free legal aid to the website as a protest against restrictions on freedom of speech, but the site refused citing the liberal views of the association, and also refused to delete the article.


Israel

In
Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
, a law to criminalize Holocaust denial was passed by the
Knesset The Knesset ( , ) is the Unicameralism, unicameral legislature of Israel. The Knesset passes all laws, elects the President of Israel, president and Prime Minister of Israel, prime minister, approves the Cabinet of Israel, cabinet, and supe ...
on 8 July 1986.


Italy

The Italian parliament, extending an anti-racism law from 1975, approved Law 16 June 2016 n. 115, criminalizing the spreading of Holocaust denial and making conviction for the crime subject to imprisonment for two to six years.


Liechtenstein

Although not specifically outlining national socialist crimes, item five of section 283 of
Liechtenstein Liechtenstein (, ; ; ), officially the Principality of Liechtenstein ( ), is a Landlocked country#Doubly landlocked, doubly landlocked Swiss Standard German, German-speaking microstate in the Central European Alps, between Austria in the east ...
's criminal code prohibits the denial of genocide.


Lithuania

In
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 ...
, approval and denial of Nazi or Soviet crimes is prohibited.


Luxembourg

In
Luxembourg Luxembourg, officially the Grand Duchy of Luxembourg, is a landlocked country in Western Europe. It is bordered by Belgium to the west and north, Germany to the east, and France on the south. Its capital and most populous city, Luxembour ...
, Article 457-3 of the Criminal Code, Act of 19 July 1997 outlaws Holocaust denial and denial of other genocides. The punishment is imprisonment for between eight days to six months or a fine. The offence of "negationism and revisionism" applies to:


Netherlands

While Holocaust denial was not explicitly illegal in the
Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
, courts could interpret it as a form of spreading hatred and therefore an offence, depending on the context in which the statements were made. According to the Dutch public prosecution office, offensive remarks are only punishable by Dutch law if they equate to discrimination against a particular group. The relevant laws of the Dutch penal code are as follows: On 14 July 2023, as on the proposal of the dutch Minister of Justice and Security, Yeşilgöz-Zegerius, it was decided that the above-mentioned laws would be extended to prohibit insulting forms of condoning, denying or trivializing the Holocaust. This is to specifically protect victims and survivors of genocide and other war crimes from particularly hurtful statements that deny and trivialize these types of international crimes. In violating the extension, a punishment of a maximum one year imprisonment will apply. The ban is part of the Bill to Re-implement European Criminal Law. This took effect on the first of October 2024. As a result, article 137c of the penal code has been amended to include, after paragraph 1:


Poland

In
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 ...
, Holocaust denial and the denial of communist crimes is punishable by law.


Portugal

Although denial of the Holocaust is not expressly illegal in
Portugal Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
, Portuguese law prohibits denial of war crimes if used to incite to discrimination.


Romania

In
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 ...
, Emergency Ordinance No. 31 March 13, 2002 prohibits Holocaust denial. It was ratified on 6 May 2006. The law also prohibits racist, fascist, xenophobic symbols, uniforms and gestures: proliferation of which is punishable with imprisonment from between six months to five years. In 2021, the first sentence over Holocaust denial was made in Romania. The accused was Vasile Zărnescu, a former Romanian Intelligence Service (SRI) member who published several articles and a book against the veracity of the Holocaust. Zărnescu was sentenced to one year and one month in prison.


Russia

In May 2014, Russia's President Vladimir Putin signed a law making the denial of Nazi crimes and "wittingly spreading false information about the activity of the USSR during the years of World War Two" or portraying Nazis as heroes a criminal offence.


Slovakia

In Slovakia, Holocaust denial has been a crime since 2001 (law 485/2001), and the penal law (300/2005) specifies in §422d that "who publicly denies, approves or tries to justify the Holocaust, crimes of regimes based on fascist ideology, crimes of regimes based on communist ideology or crimes of other similar movements that use violence, the threat of violence or the threat of other serious harm with the aim of suppressing the fundamental rights and freedoms of persons shall be punished by imprisonment of six months to three years".


Spain

Genocide denial was illegal in
Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
until the Constitutional Court of Spain ruled that the words "deny or" were unconstitutional in its judgement of 7 November 2007. As a result, Holocaust denial is legal in Spain, although justifying the Holocaust or any other genocide is an offence punishable by imprisonment in accordance with the constitution.


Sweden

In May 2024, the Swedish parliament approved a proposal to outlaw Holocaust denial. Some of the legislation went into effect on 1 July 2024, while other parts will become active on 1 January 2027.


Switzerland

Holocaust denial is not expressly illegal in
Switzerland Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...
, but the denial of genocide and other crimes against humanity is an imprisonable offence.


Ukraine

In September 2021, the
Verkhovna Rada The Verkhovna Rada ( ; VR), officially the Verkhovna Rada of Ukraine, is the unicameralism, unicameral parliament of Ukraine. It consists of 450 Deputy (legislator), deputies presided over by a speaker. The Verkhovna Rada meets in the Verkhovn ...
passed a law defining antisemitism and banning it in the country. This law includes denying the mass extermination of Jews in the Holocaust as part of its definition of antisemitism. When committed by an individual is punishable by a fine or a prison sentence of up to five years. Public officials would also be fined or imprisoned for up to five years, and banned from holding certain offices for up to three years.


United Kingdom

There is no statute in the United Kingdom making Holocaust denial illegal; however judicial notice that the Holocaust occurred was taken in the case of ''R v Chabloz'' and the defendant in that case was charged with sharing 'grossly offensive' material related to Holocaust denial. Some contend that this judgement sets a precedent for Holocaust denial related material being deemed "grossly offensive" and contrary to the Communications Act 2003.


United States

In the United States, Holocaust denial is constitutionally protected free speech under the First Amendment. A United States court in 1981, in a case brought by Mel Mermelstein, took judicial notice of the occurrence of gassings in Auschwitz during
the Holocaust The Holocaust (), known in Hebrew language, Hebrew as the (), was the genocide of History of the Jews in Europe, European Jews during World War II. From 1941 to 1945, Nazi Germany and Collaboration with Nazi Germany and Fascist Italy ...
, declaring that a legally incontestable fact.


European Union

The European Union's Executive Commission proposed a European Union-wide anti-racism xenophobia law in 2001, which included the criminalization of Holocaust denial. On 15 July 1996, the
Council of the European Union The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and less formally known as the Council of Ministers, is the third of the seven institutions of the European Union (EU) a ...
adopted the Joint action/96/443/JHA concerning action to combat racism and xenophobia. During the German presidency there was an attempt to extend this ban. Full implementation was blocked by the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
and the
Nordic countries The Nordic countries (also known as the Nordics or ''Norden''; ) are a geographical and cultural region in Northern Europe, as well as the Arctic Ocean, Arctic and Atlantic Ocean, North Atlantic oceans. It includes the sovereign states of Denm ...
because of the need to balance the restrictions on voicing racist opinions against the freedom of expression. As a result, a compromise has been reached within the EU and while the EU has not prohibited Holocaust denial outright, a maximum term of three years in jail is optionally available to all member nations for "denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes". The EU extradition policy regarding Holocaust denial was tested in the UK during the 2008 failed extradition case brought against the suspected Holocaust denier Fredrick Töben by the German government. As there is no specific crime of Holocaust denial in the UK, the German government had applied for Töben's extradition for racial and xenophobic crimes. Töben's extradition was refused by the Westminster Magistrates' Court, and the German government withdrew its appeal to the High Court.


2019 European Court of Human Rights decision

On 3 October 2019, in the case ''Pastörs v. Germany'' (application no. 55225/14), the
European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
(ECHR) unanimously ruled that a decision of the German courts determining that the statement made by the German politician, Udo Pastörs, that "the so-called Holocaust is being used for political and commercial purposes" as well as other Holocaust denial comments were a violation of the memory of the dead and an intentional defamation of the Jewish people and that the courts had not violated Article 10 (
freedom of expression 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 ...
) of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
in convicting him for this offense. Furthermore, the ECHR decided by four votes to three that there had been no violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights.


Prosecutions and convictions

Laws against Holocaust denial have been enforced in most jurisdictions that have them. Convictions and sentencings include:


See also

* Anti-BDS laws * Anti-fascism * Antisemitism by country * * Evidence and documentation for the Holocaust *
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 ...
* Genocide recognition politics *
Rwandan genocide denial Rwandan genocide denial is the pseudohistorical assertion that the Rwandan genocide did not occur, specifically rejection of the scholarly consensus that Rwandan Tutsis were the victims of genocide between 7 April and 19 July 1994. The perpetrat ...
, which is illegal in
Rwanda Rwanda, officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley of East Africa, where the African Great Lakes region and Southeast Africa converge. Located a few degrees south of the Equator, Rwanda is bordered by ...
* Secondary antisemitism


Notes


References


External links


Jonathan Josephs, ''Holocaust Denial Legislation – A justifiable infringement of freedom of speech?''
(Université Libre de Bruxelles; Working Papers du Centre Perelman de philosophie du droit, n° 2008/3)
''Voices on Antisemitism'' Interview with Brigitte Zypries
from the U.S. Holocaust Memorial Museum {{DEFAULTSORT:Legality of Holocaust denial Holocaust denial in Israel Holocaust denial in the European Union Holocaust studies
Holocaust denial Historical negationism, Denial of the Holocaust is an antisemitic conspiracy theory that asserts that the genocide of Jews by the Nazi Party, Nazis is a fabrication or exaggeration. It includes making one or more of the following false claims: ...
Holocaust denial Historical negationism, Denial of the Holocaust is an antisemitic conspiracy theory that asserts that the genocide of Jews by the Nazi Party, Nazis is a fabrication or exaggeration. It includes making one or more of the following false claims: ...