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Article 1 — offences concerning racism and xenophobia
Council Framework Decision 2008/913/JHA
Target
Public incitement to violence or hatred against a group defined by race, colour, religion, descent, or national or ethnic origin; also public condoning, denial, or gross trivialisation of ICC / IMT crimes when likely to incite violence or hatred
Test
Intentional conduct. Member States may limit to conduct likely to disturb public order, or that is threatening, abusive, or insulting. Religion is intended at least to cover pretext-for-race cases.
Max
Member States must provide a maximum of at least one year
Live statuteSupportedGermanyRacial hatred
§ 130 Volksverhetzung
Strafgesetzbuch
Target
Incitement to hatred against a national, racial, religious, or ethnic group, or a part of the population; also Holocaust denial under §130(3)
Test
Capable of disturbing the public peace. Incitement to hatred, or attack on human dignity by insult, malicious contempt, or defamation of the group.
Max
§130(1): 3 months to 5 years. §130(3): up to 5 years or a fine
Live statuteSupportedUKRacial hatred
s.18 — stirring up racial hatred
Public Order Act 1986
Target
Threatening, abusive, or insulting words, behaviour, or written material intended or likely to stir up racial hatred
Test
Intent to stir up racial hatred, or likelihood having regard to all the circumstances. Not a listed-speech offence. Repealed for Scotland from 1 April 2024 by the Hate Crime and Public Order (Scotland) Act 2021 — England and Wales remain.
Max
7 years on indictment
Live statuteSupportedARRacial hatred
art. 3
Ley 23.592 — Medidas contra actos discriminatorios
Target
Propaganda of racial or religious superiority, and incitement to persecution or hatred on race, religion, nationality, or political ideas
Test
Participating in an organisation or carrying out propaganda based on superiority ideas/theories aimed at justifying or promoting racial or religious discrimination; or encouraging or inciting persecution or hatred by any means.
Max
1 month to 3 years
Live statuteSupportedATRacial hatred
§ 283
Strafgesetzbuch
Target
Verhetzung — public incitement to violence or hatred against a protected group
Test
Public, accessible to many people. Grounds include race, colour, language, religion or belief, nationality, descent, sex, disability, age, sexual orientation.
Max
2 years; 3 if broad public; 6 months to 5 if violence follows
Live statuteSupportedAZRacial hatred
maddə 283.1
Azərbaycan Respublikasının Cinayət Məcəlləsi
Target
Actions aimed at inciting national, racial, social, or religious hatred and enmity, humiliating national dignity, or restricting rights or establishing superiority of citizens on those grounds, committed publicly including through the mass media
Test
Public, including via mass media. A religious-radicalism / fanaticism motive is a separate, higher limb (283.1-1: 3 to 5 years).
Max
Fine of 8,000 to 12,000 manats, or corrective labour up to 2 years, or imprisonment 2 to 4 years
Live statuteSupportedBARacial hatred
čl. 145a st. (2)
Krivični zakon Bosne i Hercegovine
Target
Public incitement to violence or hatred directed against a group or a member of a group defined by race, colour, religion, descent, or national or ethnic origin
Test
Public. Residual to paragraph (1). Paragraph (3) is public condoning, denial, gross trivialisation, or attempted justification of genocide, crimes against humanity, or war crimes established by a final ICTY / ICC / IMT / BiH court judgment, in a manner likely to incite violence or hatred.
Max
3 months to 3 years (paragraph (3): 6 months to 5 years)
Live statuteSupportedBORacial hatred
art. 281 quater
Código Penal, as inserted by Ley n° 045 de 8 de octubre de 2010
Target
Disseminating ideas based on racial superiority or racial hatred, promoting or justifying racism or discrimination, or inciting violence or persecution on those grounds
Test
By any means. Grounds are those in arts. 281 bis (racism) and 281 ter (discrimination). Public-official and media-worker aggravators sit in the same article.
Max
1 to 5 years (aggravated by one-third of the minimum and one-half of the maximum if committed by a public servant)
Live statuteSupportedBRRacial hatred
art. 20
Lei nº 7.716, de 5 de janeiro de 1989
Target
Practising, inducing, or inciting discrimination or prejudice of race, colour, ethnicity, religion, or national origin
Test
The 2023 amendment raises the penalty when committed via social networks or the internet.
Max
1 to 3 years and a fine; 2 to 5 years via media/internet
Live statuteSupportedCHRacial hatred
Art. 261bis
Swiss Criminal Code
Target
Discrimination and incitement to hatred
Test
Public incitement to hatred or discrimination on race, ethnic origin, religion, or sexual orientation; including genocide denial/trivialisation; and refusal of a public service on those grounds.
Max
Custodial sentence not exceeding 3 years or a monetary penalty
Live statuteSupportedCMRacial hatred
art. 241
Loi n° 2016/007 du 12 juillet 2016 portant Code pénal, as substituted 24 December 2019
Target
Contempt of a race or a religion to which citizens or residents belong
Test
Contempt as defined in art. 152. Press, radio, television, social networks, or any other means likely to reach the public raises the fine. Intent to arouse hatred or contempt between citizens or residents doubles the penalties.
Max
6 days to 6 months and a fine of 5,000 to 500,000 francs; fine up to 20,000,000 via mass media; doubled if intended to arouse hatred
Live statuteSupportedCYRacial hatred
άρθρο 3(1)
Ο περί της Καταπολέμησης Ορισμένων Μορφών και Εκδηλώσεων Ρατσισμού και Ξενοφοβίας μέσω του Ποινικού Δικαίου Νόμος του 2011
Target
Intentional public incitement of violence or hatred against a group or a member of a group defined by race, colour, religion, descent, or national or ethnic origin
Test
Public, or by public dissemination. Manner that disturbs public order or is threatening, abusive, or insulting.
Max
Up to 5 years or a fine up to €10,000, or both
Live statuteSupportedDKHate umbrella
§ 266 b
Straffeloven
Target
Public statements threatening, insulting, or degrading a group
Test
Public, or intent to spread more widely. Grounds: race, colour, national or ethnic origin, belief, disability, sexual orientation, gender identity, gender expression, or sex characteristics.
Max
Fine or 2 years; propaganda is an aggravating circumstance
Live statuteSupportedFIHate umbrella
11 luku 10 §
Rikoslaki
Target
Ethnic agitation — kiihottaminen kansanryhmää vastaan
Test
Making available or distributing a message that threatens or insults a group, or incites violence or hatred, on listed grounds.
Max
Fine or 2 years
Live statuteSupportedGYRacial hatred
s.2
Racial Hostility Act, Cap. 23:01
Target
Wilfully exciting or attempting to excite hostility or ill-will against a section of the public, or a person, on the grounds of race
Test
By words spoken in a public place or transmitted for general reception; by causing words to be reproduced in a public place from a record; or by written (including printed) or pictorial matter published by the person. National Assembly and judicial-proceedings exceptions.
Max
Fine of $500,000 and imprisonment for 7 years (s.2(3) as amended by Act 9 of 2002); plus five-year civic disqualification under s.3
Live statuteSupportedIERacial hatred
s.2
Prohibition of Incitement to Hatred Act 1989
Target
Actions likely to stir up hatred
Test
Publish/distribute, or use words/behaviour/display outside a private residence, that are threatening, abusive or insulting and intended or, having regard to all the circumstances, likely to stir up hatred.
Max
See s.6 of the same Act (not quoted here)
Live statuteSupportedITRacial hatred
art. 604-bis
Codice penale
Target
Propaganda and incitement to crime on racial, ethnic, national, or religious grounds
Test
Propaganda of superiority/hatred or incitement to discrimination (a); incitement to violence (b). Aggravator for Holocaust/genocide denial or apologia with concrete danger of spread.
Max
18 months or €6,000 (a); 6 months to 4 years (b); 2 to 6 years on the denial/apologia aggravator
Live statuteSupportedJPRacial hatred
第2条（定義）／前文
本邦外出身者に対する不当な差別的言動の解消に向けた取組の推進に関する法律（平成28年法律第68号）
Target
Unfair discriminatory speech and behaviour against persons of foreign origin legally residing in Japan — a declaration and a duties statute, not a criminal offence
Test
Public announcement of harm to life, body, liberty, honour or property, or extreme disparagement, for the purpose of facilitating or inducing a discriminatory attitude, that incites exclusion from local communities on grounds of foreign origin.
Max
No criminal penalty. Consultation, education, and awareness-raising duties on the national and local governments.
Live statuteSupportedKERacial hatred
s.13
National Cohesion and Integration Act, 2008
Target
Hate speech — stirring up ethnic hatred
Test
Threatening, abusive or insulting words, behaviour, written material, play, recording, or programme, with intent to stir up ethnic hatred, or having regard to all the circumstances ethnic hatred is likely to be stirred up. Ethnic hatred = hatred against a group defined by colour, race, nationality (including citizenship), or ethnic or national origins.
Max
Fine not exceeding one million shillings, or 3 years, or both
Live statuteSupportedLBRacial hatred
المادة 317
قانون العقوبات
Target
Any act, writing, or speech intended to, or resulting in, stirring sectarian or racial strife, or inciting conflict among the communities
Test
Intent or result. No requirement that actual communal violence follow.
Max
1 to 3 years and a fine of 100,000 to 800,000 Lebanese pounds, plus listed civic disabilities
Live statuteSupportedLKRacial hatred
s.3
International Covenant on Civil and Political Rights (ICCPR) Act, No. 56 of 2007
Target
Propagating war, or advocating national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence
Test
The offence is the advocacy/propagation itself. Attempts, aiding, and threats are also offences under s.3(2).
Max
Rigorous imprisonment not exceeding 10 years
Live statuteSupportedLVRacial hatred
78. pants (1)
Krimināllikums
Target
Acts aimed at inciting national, ethnic, racial, or religious hatred or enmity
Test
The base offence does not require a public-order result on the face. Aggravators: group, public official, responsible employee, or automated data-processing system (up to 5 years); violence, threats, or organised group (up to 10 years).
Max
Up to 3 years, or short-term deprivation of liberty, probation supervision, community service, or a fine
Live statuteSupportedMERacial hatred
čl. 370 st. 1
Krivični zakonik Crne Gore
Target
Public incitement to violence or hatred towards a group or a member of a group defined by race, colour, religion, origin, or state or national affiliation
Test
Public. Paragraph 2 is public approval, denial, or significant reduction of the gravity of genocide, crimes against humanity, or war crimes established by a final Montenegrin or international criminal-court judgment, in a manner that can lead to violence or hatred.
Max
6 months to 5 years (1 to 8 years with coercion/desecration; 1 to 8 / 2 to 10 if abuse of office or riots follow)
Live statuteSupportedMURacial hatred
s.282
Criminal Code (Act 6 of 1838)
Target
Publishing threatening, abusive, or insulting writing, or using such words or gestures in public, with intent to stir up contempt or hatred against a listed section of the public
Test
Intent to stir up contempt or hatred against a section distinguished by race, caste, place of origin, political opinion, colour, creed, or sex. Writing includes electronic writing. The 2018 substitution is the live form.
Max
Penal servitude not exceeding 20 years and a fine not exceeding 100,000 rupees
Live statuteSupportedMYRacial hatred
s.3(1)(e), s.4(1)
Sedition Act 1948 (Act 15)
Target
Uttering seditious words or publishing a seditious publication, including a tendency to promote racial ill-will
Test
A 'seditious tendency' includes promoting feelings of ill-will and hostility between different races or classes of the population. Intention is deemed irrelevant if the words had that tendency (s.3(3)).
Max
First offence: fine not exceeding RM5,000 or 3 years, or both; subsequent offence: 5 years (2006 reprint as quoted)
Live statuteSupportedNARacial hatred
s.11
Racial Discrimination Prohibition Act 26 of 1991
Target
Publicly using language, publishing or distributing written matter, displaying an article, or doing an act with intent to threaten or insult on racial grounds, incite hatred between racial groups, or disseminate ideas based on racial superiority
Test
Intent. « Article » includes a flag, insignia, or emblem. Substituted after S v Smith NO declared the original s.11(1) unconstitutional. Public-interest and good-faith defences live in s.14(2).
Max
Criminal offence; penalty in s.14 of the same Act as substituted by Act 26 of 1998
Live statuteSupportedNLRacial hatred
art. 137d
Wetboek van Strafrecht
Target
Incitement to hatred, discrimination, or violence against a protected group
Test
Public oral, written, or pictorial incitement. Protected grounds include race, religion or belief, sex, hetero- or homosexual orientation, and disability.
Max
1 year (2 if habitual or joint)
Live statuteSupportedNOHate umbrella
§ 185
Straffeloven
Target
Discriminatory or hateful utterances
Test
Intentional or grossly negligent public utterance. Includes symbols. Definition: threaten or insult, or promote hatred, persecution, or contempt on listed grounds.
Max
Fine or 3 years (public); 1 year if not public but in another’s presence
Live statuteSupportedNZRacial hatred
s.131
Human Rights Act 1993
Target
Inciting racial disharmony
Test
Intent to excite hostility or ill-will, or bring into contempt or ridicule, a group in New Zealand on colour, race, or ethnic or national origins, plus threatening, abusive, or insulting matter or words likely to have that effect.
Max
3 months or a fine not exceeding $7,000
Live statuteSupportedPLHate umbrella
art. 256 §1
Kodeks karny
Target
Public promotion of a totalitarian system or incitement to hatred on listed grounds
Test
Public. Grounds in the March 2025 amendment include nationality, ethnicity, race, religion, lack of religion, disability, age, sex, or sexual orientation.
Max
Deprivation of liberty up to 3 years
Live statuteSupportedSEHate umbrella
16 kap. 8 § (SFS 2024:340)
Brottsbalken
Target
Hets mot folkgrupp — agitation against a population group
Test
A statement or other message that is spread, urging violence against, threatening, or expressing contempt for a group (or a person in it) with reference to race, colour, national or ethnic origin, creed, sexual orientation, or transgender identity or expression.
Max
2 years; gross 6 months to 4 years
Live statuteSupportedSGRacial hatred
s.298A
Penal Code 1871
Target
Promoting enmity between racial groups, or acts prejudicial to racial harmony that disturb public tranquillity
Test
Knowing promotion or attempted promotion, on grounds of race, of disharmony or feelings of enmity, hatred or ill-will between different racial groups; or an act known to be prejudicial to harmony that disturbs or is likely to disturb public tranquillity.
Max
3 years, or fine, or both
Live statuteSupportedTZRacial hatred
s.17
The Cybercrimes Act, 2015
Target
Producing for distribution, offering, or distributing racist or xenophobic material through a computer system
Test
« Racist and xenophobic material » means material which advocates, promotes, or incites hatred, discrimination, or violence against any person or group based on race, colour, descent, national or ethnic origin, or religion (s.3).
Max
Fine of not less than 3 million shillings, or imprisonment of not less than 1 year, or both