1
.1 – Racial discrimination
That is, an act committed for the purpose of inciting to national or racial hatred
or conflict, humiliating national dignity or directly or indirectly restricting human
rights or granting advantages on grounds of race, colour, social status or
national or ethnic origin is punishable by deprivation of liberty for a term not
exceeding three years.
Under paragraph 2, certain circumstances lead the penalty to be increased,
particularly where the perpetrator uses his official authority or if the act is accom-
panied by violence or threats of violence (in both cases the penalty is a term
of imprisonment not exceeding five years) or if the offence was committed by a
group or caused a person’s death (in both these cases the penalty is a term of
imprisonment of three to eight years).
Article 158 – Illegal interference with the implementation
of a religious ceremony
Interference with the implementation of a religious ceremony violently or by
threat, or by abusing a believer or a representative of the church, shall be pun-
ished by a penalty equal to 50 to 100 times the daily salary, or by penal labour
for a period up to one year, or by the deprivation of liberty for a period up to
two years.
The same action committed by the use of a weapon shall be punished by a pen-
alty from 100 to 250 times the daily salary, or by the deprivation of liberty for
Blasphemy, insult and hatred
174
a period of from one to five years with or without dispossession of the right to
work for a period of up to five years.
Article 169 – Illegal interference with a political, public or religious union
Illegal interference with the creation or the activities of a political, public or reli-
gious union by violence or threat, or by abuse of authority, shall be punished
by a penalty equal to 50 to 100 times the daily wage, or by penal labour for a
period up to one year, or by the restriction of liberty for up to two years, or by
the deprivation of liberty for up to two years.
Germany
Criminal Code (1998)
Section 130 – Agitation of the People
1. Whoever, in a manner that is capable of disturbing the public peace:
a. incites hatred against segments of the population or calls for violent or arbi-
trary measures against them; or
b. assaults the human dignity of others by insulting, maliciously maligning, or
defaming segments of the population,
shall be punished with imprisonment from three months to five years.
2. Whoever:
a. with respect to writings (Section 11 subsection 3), which incite hatred against
segments of the population or a national, racial or religious group, or one char-
acterised by its folk customs, which call for violent or arbitrary measures against
them, or which assault the human dignity of others by insulting, maliciously
maligning or defaming segments of the population or a previously indicated
group:
i. disseminates them;
ii. publicly displays, posts, presents, or otherwise makes them accessible;
iii. offers, gives or makes accessible to a person under eighteen years; or
iv. produces, obtains, supplies, stocks, offers, announces, commends,
or undertakes to import or export them, in order to use them or copies
obtained from them within the meaning of subparagraphs a to c, or facili-
tate such use by another; or
b. disseminates a presentation of the content indicated in paragraph 1 by radio,
shall be punished with imprisonment for not more than three years or a fine.
3. Whoever publicly or in a meeting approves of, denies or renders harmless
an act committed under the rule of National Socialism of the type indicated in
Appendices
175
Section 220a subsection 1, in a manner capable of disturbing the public peace,
shall be punished with imprisonment for not more than five years or a fine.
4. Whoever publicly or in a meeting, violating the dignity of the victims, approves
of the National Socialist rule by force and arbitrariness, in a manner capable of
disturbing the public peace, shall be punished with imprisonment for not more
than three years or a fine.
5. Subsection 2 shall also apply to writings (Section 11 subsection 3) with con-
tent such as is indicated in subsections 3 and 4.
6. In cases under subsection 2, also in conjunction with subsection 5, and in cases
of subsections 3 and 4, Section 86 subsection 3, shall apply correspondingly.
Section 166 – Insulting of faiths, religious societies and organisations dedicated
to a philosophy of life
157
1. Whoever publicly or through dissemination of writings (Section 11 sub-
section 3) insults the content of others’ religious faith or faith related to a philoso-
phy of life in a manner that is capable of disturbing the public peace, shall be
punished with imprisonment for not more than three years or a fine.
2. Whoever publicly or through dissemination of writings (Section 11 sub-
section 3) insults a church, other religious society, or organisation dedicated to
a philosophy of life located in Germany, or their institutions or customs in a man-
ner that is capable of disturbing the public peace, shall be similarly punished.
Section 167 – Disturbing the practice of religion
1. Whoever:
a. intentionally and in a gross manner disturbs a religious service or an
act of a religious service of a church or other religious society located in
Germany; or
157
.
Interrights Bulletin 19 commented: “For an insult to be punishable under this law ‘the manner
and content’ of the insult must be such that an objective onlooker could reasonably apprehend that
the insult would disturb the peace of those who share the insulted belief. (Court of Appeal of Celle,
Neue Juristische Wochenschrift, 1986, p. 1275.) Moreover, to be convicted, an offender must intend
or at least be aware that his or her action constituted an offence. In applying Section 166 to a work
of art, the freedom of art as guaranteed by Article 5.3 of the Basic Law must be taken into account.
Although the Federal Constitutional Court has not issued a judgment dealing specifically with the free-
dom of art vis-à-vis the freedom of religious beliefs, various criminal courts have done so. For exam-
ple, in a 1981 case, the Criminal Court of Appeal of Cologne held that a caricature with words of
Maria and Josef, dealing with faecal issues and abortion, did not in all circumstances show hostility
to Christians (Neue Juristische Wochenschrift, 1982, p. 657). In a 1985 case, the Court of Appeal of
Karlsruhe ruled that a printed article that dealt sarcastically with the Last Supper did not constitute an
insult. (Neue Strafrechtszeitung, 1986, pp. 363ff.) In 1988, the Criminal Court of Bochum held that
a leaflet, even if an insult, which addressed ‘the Vatican and fascism’ and included caricatures, was
not of a character to disturb the peace. In considering cases involving religious insult, German courts
most probably would not prohibit such displays so long as the viewing was limited to adults who had
been informed in advance of the nature and contents of the material.”
Blasphemy, insult and hatred
176
b. commits insulting mischief at a place dedicated to the religious services
of such a religious society,
shall be punished with imprisonment for not more than three years or a fine.
2. Corresponding celebrations of an organisation dedicated to a philosophy of
life located in Germany shall be the equivalent of religious services.
Section 167a – Disturbing a funeral service
Whoever intentionally or knowingly disturbs a funeral service shall be punished
with imprisonment for not more than three years or a fine.
Greece
Constitution
Article 14
1. Every person may express and propagate his thoughts orally, in writing and
through the press in compliance with the laws of the State.
2. The press is free. Censorship and all other preventive measures are prohibited.
3. The seizure of newspapers and other publications before or after circulation
is prohibited.
4. Seizure by order of the public prosecutor shall be allowed exceptionally after
circulation and in case of:
a. an offence against the Christian or any other known religion.
b. an insult against the person of the President of the Republic.
c. a publication which discloses information on the composition, equipment
and set-up of the armed forces or the fortifications of the country, or which
aims at the violent overthrow of the regime or is directed against the territor-
ial integrity of the State.
d. an obscene publication which is obviously offensive to public decency,
in the cases stipulated by law.
5. In all the cases specified under the preceding paragraph, the public pros-
ecutor must, within 24 hours from the seizure, submit the case to the judicial
council which, within the next 24 hours, must rule whether the seizure is to be
maintained or lifted; otherwise it shall be lifted ipso iure. An appeal may be
lodged with the Court of Appeals and the Supreme Civil and Criminal Court by
the publisher of the newspaper or other printed matter seized and by the public
prosecutor.
6. The manner in which full retraction shall be made in cases of inaccurate pub-
lications shall be determined by law.
Appendices
177
7. After at least three convictions within five years for the criminal acts defined
under paragraph 3, the court shall order the definitive ban or temporary suspen-
sion of publication of the paper and, in severe cases, shall prohibit the convicted
person from practising the profession of journalist as specified by law. The ban
or suspension of publication shall be effective as of the date the court order
becomes irrevocable.
8. Press offences shall be subject to immediate court hearing and shall be tried
as provided by law.
9. The conditions and qualifications requisite for the practice of the profession of
journalist shall be specified by law.
10. The law may specify that the means of financing newspapers and periodi-
cals should be disclosed.
Criminal Code
Article 198 – Malicious blasphemy
1. Anyone who insults God in public and with malicious intent, in any way what-
soever, shall incur a prison sentence of up to two years.
2. Anyone who blasphemes in public in circumstances other than those specified
in paragraph 1, thereby showing a lack of respect towards God, shall incur a
prison sentence of up to three months.
Article 199 – Insulting a religion
Anyone who insults the Eastern Orthodox Church or any other religion recog-
nised in Greece, in public and with injurious intent, in any way whatsoever, shall
incur a prison sentence of up to two years.
Article 200 – Disrupting a religious assembly
1. Anyone who deliberately and maliciously attempts to impede or disrupt a
religious assembly recognised by the State, during a service or ceremony, shall
incur a prison sentence of up to two years.
2. The same penalty shall be applicable to anyone who engages in an unseemly
and offensive act in a church or place used for religious assemblies recognised
by the State.
Article 201 – Insulting the dead
Anyone who, on his or her own initiative, either desecrates a grave in order to
remove a corpse, amputate its limbs or take away its ashes – with the exception
of those persons authorised to do so – or engages in an unseemly and offen-
sive act towards the dead or their graves, shall incur a prison sentence of up to
two years.
Blasphemy, insult and hatred
178
Law 927/1979 “on punishing acts or activities aiming at racial
discrimination”
This law criminalises:
a. to wilfully and publicly, either orally or by the press or by written texts or
through pictures or any other means, incite to acts or activities which may result
in discrimination, hatred or violence against individuals or groups of individuals
on the sole grounds of the latter’s racial or national origin or [by virtue of Arti-
cle 24 of Law 1419/1984] religion; …
b. to express publicly, either orally or by the press or by written texts or through
pictures or any other means offensive ideas against any individual or group of
individuals on the grounds of the latter’s racial or national origin or religion.
Hungary
Criminal Code
Paragraph 174 – Violence based on beliefs or origins
Subparagraph 174A
Whoever (a) restricts another person by violence or by threats in his freedom of
conscience [or] (b) prevents another person from freely exercising his religion by
violence or threats, commits a crime, and is punishable by imprisonment extend-
ing to three years.
Subparagraph 174B
1. The person who assaults somebody else because he belongs or is believed to
belong to a national, ethnic, racial or religious group, or coerces him with vio-
lence or menace into doing or not doing or into enduring something, commits a
felony and shall be punishable with imprisonment up to five years.
2. [lists aggravating factors, such as use of arms].
Paragraph 269 – Incitement against a community
A person who incites to hatred before the general public against (a) the Hungar-
ian nation; (b) any national, ethnic, racial group or certain groups of the popu-
lation, shall be punishable for a felony offence with imprisonment up to three
years.
158
158. A proposed amendment to paragraph 269, to punish racist expressions, was adopted by the
Hungarian Parliament, but judged unconstitutional by Constitutional Court in May 2004; unamended
article still valid.
Appendices
179
Paragraph 269B
[detailed list of symbols which are connected to ideas and events relating to the
forceful seizure and dictatorial keeping of power, and therefore represent vio-
lence, hate against certain national, ethnic, or religious groups].
Law on Misdemeanour, paragraph 150 (Article LXIX of 1999)
A fine not exceeding HUF 100 000 may be imposed on whoever causes a pub-
lic scandal on premises designated for the purposes of the ceremonies of a regis-
tered church or desecrates the object of religious worship or an object used for
conducting ceremonies on or outside the premises designated for the purposes
of ceremonies.
Iceland
General Criminal Code
Article 124
If anyone disturbs the sanctity of cemeteries or becomes guilty of indecorous
treatment of a corpse, this will be subject to fines … 1) or imprisonment for up
to 6 months.*
The same penalty shall be applied to the indecorous treatment of objects belong-
ing to churches and to be used for ecclesiastical ceremonies.
*Act 82/1998, Article 47.
Article 125
Anyone officially ridiculing or insulting the dogmas or worship of a lawfully exist-
ing religious community in this Country shall be subject to fines or [imprisonment
for up to 3 months.] Lawsuits shall not be brought except upon the instructions
of the Public Prosecutor.*
*Act 82/1998, Article 48.
Article 233a
Anyone who does by means of ridicule, calumniation, insult, threat or otherwise
assault [a person or group of persons] on account of their nationality, colour,
[race, religion or sexual inclination]* shall be subject to fines† or imprisonment
[for up to 2 years.]‡
*Act 135/1996, Article 2. 2. †Act 82/1998, Article 126. ‡Act 96/1973,
Article 1.
Blasphemy, insult and hatred
180
Ireland
Constitution
Article 40
159
6.1 The State guarantees liberty for the exercise of the following rights, subject
to public order and morality:
i. The right of the citizens to express freely their convictions and opinions.
The education of public opinion being, however, a matter of such grave import
to the common good, the State shall endeavour to ensure that organs of public
opinion, such as the radio, the press, the cinema, while preserving their rightful
liberty of expression, including criticism of Government policy, shall not be used
to undermine public order or morality or the authority of the State.
The publication or utterance of blasphemous, seditious, or indecent matter is an
offence which shall be punishable in accordance with law.
Defamation Act 1961, No. 40
Penalty for printing or publishing blasphemous or obscene libel.
13.1 Every person who composes, prints or publishes any blasphemous or
obscene libel shall, on conviction thereof on indictment, be liable to a fine not
exceeding 500 pounds or imprisonment for a term not exceeding two years or
to both fine and imprisonment or to penal servitude for a term not exceeding
seven years.
a. In every case in which a person is convicted of composing, printing or publish-
ing a blasphemous libel, the court may make an order for the seizure and car-
rying away and detaining in safe custody, in such manner as shall be directed
in the order, of all copies of the libel in the possession of such person or of any
other person named in the order for his use, evidence upon oath having been
previously given to the satisfaction of the court that copies of the said libel are in
the possession of such other person for the use of the person convicted.
159
.
In Corway v. Independent Newspapers (Ireland) Ltd [1999] 4 IR 484, the Supreme Court stated
that “the implications of [the constitutional framework] for the crime of blasphemy would need to be
worked out in legislation. It is difficult to see how the common law crime of blasphemy, related as it
was to an established church and an established religion could survive in such a constitutional frame-
work …. It would appear that the legislature has not adverted to the problem of adapting the com-
mon law crime of blasphemy to the circumstances of a modern state which embraces citizens of many
different religions and which guarantees freedom of conscience and a free profession and practice
of religion.” The Supreme Court went on to find that “[in] this state of the law, and in the absence of
any legislative definition of the constitutional offence of blasphemy, it is impossible to say of what the
offence of blasphemy consists. As the Law Reform Commission has pointed out, neither the nor the
is clear. The task of defining the crime is one for the legislature, not for the courts. In the absence of
legislation and in the present state of the law the Court could not see its way to authorising the institu-
tion of a criminal prosecution of blasphemy against the respondents.”
Appendices
181
b. Upon the making of an order under paragraph (a) of this subsection, any
member of the Garda Síochána acting under such order may enter, if necessary
by the use of force, and search for any copies of the said libel any building,
house or other place belonging to the person convicted or to such other person
named in the order and may seize and carry away and detain in the manner
directed in such order all copies of the libel found therein.
c. If, in any such case, the conviction is quashed on appeal, any copies of the
libel seized under an order under paragraph (a) of this subsection shall be
returned free of charge to the person or persons from whom they were seized.
d. Where, in any such case, an appeal is not lodged or the conviction is con-
firmed on appeal, any copies of the libel seized under an order under para-
graph (a) of this subsection shall, on the application of a member of the Garda
Síochána to the court which made such order, be disposed of in such manner
as such court may direct.
Prohibition of Incitement to Hatred Act, 1989
An act to prohibit incitement to hatred on account of race, religion, nationality
or sexual orientation
Section 2
It shall be an offence for a person:
– to publish or distribute written material,
– to use words, behave or display written material,
i. in any place other than inside a private residence, or
ii. inside a private residence so that the words, behaviour or material are
heard or seen by persons outside the residence, or
– to distribute, show or play a recording of visual images or sounds,
if the written material, words, behaviour, visual images or sounds, as the case
may be, are threatening, abusive or insulting and are intended or, having regard
to all the circumstances, are likely to stir up hatred.
In proceedings for an offence under subsection 1, if the accused person is not
shown to have intended to stir up hatred, it shall be a defence for him to prove
that he was not aware of the content of the material or recording concerned and
did not suspect, and had no reason to suspect, that the material or recording
was threatening, abusive or insulting.
In proceedings for an offence under subsection 1b, it shall be a defence for the
accused person – to prove that he was inside a private residence at the relevant
time and had no reason to believe that the words, behaviour or material con-
cerned would be heard or seen by a person outside the residence, or
Blasphemy, insult and hatred
182
– if he is not shown to have intended to stir up hatred, to prove that he did not
intend the words, behaviour or material concerned to be, and was not aware
that they might be, threatening, abusive or insulting.
The Censorship of Films Act 1923
This Act provides for the withholding of a certificate from a blasphemous film.
Italy
Criminal Code
Article 402* – Insulting the State religion
Anyone who insults the State religion in public shall be subject to a prison sen-
tence of up to one year.
*Declared invalid by the Constitutional Court in its judgment No. 508 of
20 November 2000.
Article 403† – Insulting the State religion by insulting individuals
Anyone who insults the State religion in public by offending those who profess it
shall be subject to a prison sentence of up to two years. Anyone who insults the
State religion by insulting a minister of the Catholic Church shall be subject to a
prison sentence of one to three years.
†Declared invalid by the Constitutional Court in its judgment No. 168 of
18 April 2005, “insofar as it provides for a prison sentence of up to two years,
or of one to three years, respectively, for insulting the Catholic religion either by
insulting those who profess it or by insulting a minister of religion, rather than a
lesser sentence in accordance with Article 406 of the same Code”.
Article 404‡ – Insulting the State religion by offending against property
Anyone who, in a place of worship, a public place or a place open to the pub-
lic, insults the State religion by offending against religious property, an object
of religion or an object clearly associated with religious practice, shall be sub-
ject to a prison sentence of one to three years. Anyone who commits such an
offence during a religious service celebrated in a private place by a minister of
the Catholic Church shall be subject to the same penalty.
‡The Constitutional Court declared the first paragraph invalid in its judgment
No. 329 of 1997, “insofar as it provides for a prison sentence of one to three
years, rather than a lesser sentence in accordance with Article 406 of the Crimi-
nal Code”.
Appendices
183
Article 405** – Disrupting Catholic religious ceremonies
Anyone who impedes or disrupts a Catholic service, ceremony or religious prac-
tice performed with the assistance of a minister of the Catholic Church, in a
place of worship, a public place or a place open to the public, shall be subject
to a prison sentence of up to two years. Where such behaviour is coupled with
violent or threatening acts towards individuals, it shall be subject to a prison sen-
tence of one to three years.
**Article declared invalid by the Constitutional Court in its judgment No. 327
of 9 July 2002, “insofar as sentences for disrupting Catholic religious services
are longer than the sentences stipulated in Article 406 of the Criminal Code for
the same acts committed against other religions”.
Article 406 – Offences against religions recognised by the State
Anyone who commits one of the offences established under Articles 403, 404
and 405 against a religion recognised by the State shall be punished in accord-
ance with the aforementioned articles, but the sentence shall be reduced.
Article 724 – Blasphemy and insulting the dead
Anyone who blasphemes against the Divinity in public, by means of invective
or insults, shall be subject to an administrative fine of 100 000 to 600 000 lira.
The same penalty shall apply to anyone who publicly insults the dead.
Legislative Decree No. 122 of 26 April 1993, converted into Act No. 205
of 25 June 1993 on urgent measures in respect of racial, ethnic
and religious discrimination
Section 1 – Discrimination, hatred or violence on racial, ethnic, national
or religious grounds
1. Section 3 of Act No. 654 of 13 October 1975 shall be replaced by the fol-
lowing provisions:
“Section 3.1. Except where the acts in question constitute a more serious offence,
the following penalties shall apply for the purposes of implementing Article 4 of
the Convention: a) anyone who, by any means whatsoever, disseminates ideas
based on racial or ethnic superiority or hatred, or commits or incites others to
commit discriminatory acts on racial, ethnic, national or religious grounds, shall
be subject to a maximum prison sentence of three years; b) anyone who, by any
means whatsoever, commits or incites others to commit acts of violence or acts
designed to provoke violence on racist, ethnic, national or religious grounds
shall be subject to a prison sentence of six months to four years; 2. [Deleted
by the Act]; 3. Any organisation, association, movement or group whose aims
Blasphemy, insult and hatred
184
include inciting discrimination or violence on racial, ethnic, national or religious
grounds shall be prohibited. Anyone who participates in such an organisation,
association, movement or group, or helps it with its activities, shall be subject
– solely on account of such participation or the provision of such assistance –
to a prison sentence of six months to four years. Anyone who promotes or runs
such an organisation, association, movement or group shall be subject – on this
account alone – to a prison sentence of one to six years.”
Section 3 – Aggravating circumstances
Where offences carrying a sentence other than life imprisonment are committed
for reasons of ethnic, national, racial or religious discrimination or hatred, or for
the purpose of facilitating the activities of an organisation, associations, move-
ment or group pursuing these goals, the sentence shall be increased by half.
Latvia
Criminal Code (1998)
Section 78 – Violation of national or racial equality and restriction
of human rights
For a person who commits acts knowingly directed towards instigating national
or racial hatred or enmity, or knowingly commits the restricting, directly or indi-
rectly, of economic, political or social rights of individuals or the creating, directly
or indirectly, of privileges for individuals based on their racial or national origin,
the applicable sentence is deprivation of liberty for a term not exceeding three
years or a fine not exceeding 60 times the minimum monthly wage.
For a person who commits the same acts, if they are associated with violence,
fraud or threats, or where they are committed by a group of persons, a State
official, or a responsible employee of an undertaking (company) or organisa-
tion, the applicable sentence is deprivation of liberty for a term not exceeding
10 years.
Section 150 – Violation of equality rights of persons on the basis
of their attitudes towards religion
For a person who commits direct or indirect restriction of the rights of persons
or creation of whatsoever preferences for persons, on the basis of the attitudes
of such persons towards religion, excepting activities in the institutions of a reli-
gious denomination, or commits violation of religious sensibilities of persons or
incitement of hatred in connection with the attitudes of such persons towards reli-
gion or atheism, the applicable sentence is deprivation of liberty for a term not
exceeding two years, or community service, or a fine not exceeding 40 times
the minimum monthly wage.
Appendices
185
Section 151 – Interference with religious ritual
For a person who commits intentional interference with religious rituals, if such
are not in violation of law and are not associated with violation of personal
rights, the applicable sentence is community service, or a fine not exceeding
10 times the minimum monthly wage.
Section 227 – Causing danger to public safety, order and the health
of individuals while performing religious activities
For a person who acts in the organisation or leadership of a group whose activi-
ties, manifested as the preaching of religious doctrine and performing of reli-
gious rituals, are associated with causing of harm to public safety and order, to
the health of persons or to the rights and interests protected by law of a person,
or who participates in such acts, the applicable sentence is deprivation of liberty
for a term not exceeding five years or a fine not exceeding 100 times the mini-
mum monthly wage.
Liechtenstein
Criminal Code
Section 126 -Aggravated criminal damage
1. A person is liable to a term of imprisonment not exceeding two years or to
a fine of up to 360 days’ pay, if he or she has committed aggravated criminal
damage against:
1. an object, which is used for a service or worship in a church or by a reli-
gious society located on the territory;
2. a grave, any other burial place, a tombstone or a memorial to the dead,
which is in a cemetery or in a place of worship ….
Section 128 – Aggravated theft
1. A person will be liable to a term of imprisonment not exceeding three years,
if he or she committed theft:
1. during a fire, an inundation or in general, during a victim’s distress, tak-
ing advantage of the victim’s state of helplessness;
2. in a place of worship or of an object that is used for a service or worship
in a church or by a religious society located on the territory ….
Section 188 – Disparaging of religious precepts
Whoever publicly disparages or mocks a person or a thing, respectively, being
an object of worship or a dogma, a legally permitted rite, or a legally permitted
institution of a church or religious society located on the territory in a manner
Blasphemy, insult and hatred
186
capable of giving rise to justified annoyance is liable to imprisonment for a term
not exceeding six months or to a fine of up to 360 days’ pay.
Section 189 – Disturbance of the practice of religion
1. Whoever forcibly or threatening with force precludes or disturbs divine serv-
ice or an act of divine service of a church or religious society located on the ter-
ritory is liable to imprisonment for a term not exceeding two years.
2. Whoever commits mischief at a place destined for a legally permitted prac-
tice of religion or on the occasion of a legally permitted public divine service or
a legally permitted act of divine service or with an object directly destined for
a legally permitted divine service of a church or religious society located on the
territory in a manner capable of giving rise to justified annoyance is liable to
imprisonment for a term not exceeding six months or to a fine of up to 360 days’
pay.
Section 190 – Desecration of graves
1. Whoever removes a body or any portion of human remains or the ashes of
a deceased person from a place of burial or any interment space, or whoever
has abused or has altered the body or the ashes of a deceased person or has
desecrated a deceased person’s grave, shall be liable to a term of imprisonment
not exceeding six months or to a fine of up to 360 days’ pay.
2. Whoever removes any ornament from a place of burial or any interment
space or memorial of a deceased person shall be liable to a term of imprison-
ment not exceeding three months or to a fine of up to 180 days’ pay.
Section 191 – Wilful interference in a funeral
Whoever wilfully disturbs a funeral service by making noise that causes distress
or by other unsuitable behaviour shall be liable to a term of imprisonment not
exceeding three months or to a fine of up to 180 days’ pay.
Section 283 – Racial discrimination
I. A person shall be punished with imprisonment of up to two years if he or she:
1. publicly incites hatred or discrimination against a person or a group of
persons on the basis of race, ethnicity or religion;
2. publicly disseminates ideologies aimed at the systematic disparagement
or defamation of members of a race, ethnicity or religion;
3. organises, promotes, or participates in propaganda actions with the
same objective;
4. publicly disparages or discriminates against a person or a group of
persons on the basis of race, ethnicity or religion in a manner violating
Appendices
187
human dignity, by means of spoken words, writing, images, electronically
transmitted symbols, gestures, physical violence or any other means;
5. publicly denies, grossly plays down the harm or attempts to justify geno-
cide or other crimes against humanity, by means of spoken words, writing,
images, electronically transmitted symbols, gestures, physical violence or
any other means;
6. denies a service he or she provides that is meant for the general public
to a person or a group of persons on the basis of race, ethnicity or religion;
7. participates as a member in an association whose activities consist of
promoting and inciting racial discrimination.
II. A person shall be punished in the same manner, if the person
1. manufactures, imports, stores or distributes, for the purposes of further
dissemination, documents, sound or image recordings, electronically trans-
mitted symbols, depictions or other objects of this sort whose content is
racial discrimination within the meaning of paragraph I;
2. publicly recommends, exhibits, offers or presents them.
III. Paragraphs I and II do not apply if the propaganda material or the act serves
the purpose of art or science, research or education, appropriate reporting on
current events or history, or similar purposes.
Lithuania
Constitution
Article 25
1. Individuals shall have the right to have their own convictions and freely
express them.
2. Individuals must not be hindered from seeking, obtaining or disseminating
information or ideas.
3. Freedom to express convictions, as well as to obtain and disseminate informa-
tion, may not be restricted in any way other than as established by law, when it
is necessary for the safeguard of the health, honour and dignity, private life or
morals of a person, or for the protection of constitutional order.
4. Freedom to express convictions or impart information shall be incompatible
with criminal actions – the instigation of national, racial, religious, or social
hatred, violence, or
5. discrimination, the dissemination of slander, or misinformation.
6. Citizens shall have the right to obtain any available information which con-
cerns them from State agencies in the manner established by law.
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188
Article 26
1. Freedom of thought, conscience, and religion shall not be restricted.
2. Every person shall have the right to freely choose any religion or faith and,
either individually or with others, in public or in private, to manifest his or her
religion or faith in worship, observance, practice or teaching.
3. No person may coerce another person or be subject to coercion to adopt or
profess any religion or faith.
4. A person’s freedom to profess and propagate his or her religion or faith
may be subject only to those limitations prescribed by law and only when such
restrictions are necessary to protect the safety of society, public order, a person’s
health or morals, or the fundamental rights and freedoms of others.
5. Parents and legal guardians shall have the liberty to ensure the religious and
moral education of their children in conformity with their own convictions.
Article 27
A person’s convictions, professed religion or faith may justify neither the commis-
sion of a crime nor the violation of law.
Article 43
1. The State shall recognise traditional Lithuanian churches and religious organi-
sations, as well as other churches and religious organisations provided that they
have a basis in society and their teaching and rituals do not contradict morality
or the law.
2. Churches and religious organisations recognised by the State shall have the
rights of legal persons.
3. Churches and religious organisations shall freely proclaim the teaching of
their faith, perform the rituals of their belief and have houses of prayer, charity
institutions and educational institutions for the training of priests of their faith.
4. Churches and religious organisations shall function freely according to their
canons and statutes.
5. The status of churches and other religious organisations in the State shall be
established by agreement or by law.
6. The teachings proclaimed by churches and other religious organisations,
other religious activities and houses of prayer may not be used for purposes
which contradict the Constitution and the law.
7. There shall not be a State religion in Lithuania.
Appendices
189
Criminal Code
Paragraph 170
Any person who by public statements orally, in writing or through mass media,
mocks, expresses contempt, or incites hatred or discrimination against a group
of people or an individual belonging to such group on account of their sex, sex-
ual orientation, race, nationality, language, origin, social status, religion, con-
viction or belief, shall be punished by fine or restriction of freedom, or arrest, or
imprisonment up to two years.
Any person who publicly incites violence or use of deadly physical force against
a group of people or an individual belonging to such group on account of their
sex, sexual orientation, race, nationality, language, origin, social status, reli-
gion, conviction or belief, or provides financial or other kind of material support
for such acts, shall be punished by a fine or restriction of freedom, or arrest, or
imprisonment up to three years.
Paragraph 171
Prohibition of disturbance of religious services or celebrations of state-recog-
nised religious communities or associations; this paragraph provides for punish-
ment by public works, fine, restriction of freedom or arrest.
Law of the Republic of Lithuania of 18 November 1997 on supplementing
the Code of Administrative Violations by articles 214.12, 214.13, abolition
of Article 214.1 and amendment of articles 224, 259.1, 320.33
This law introduced definitions of unlawful conduct related to public advocacy
of national, racial or religious discord.
Article 214.12 – Production, storage or distribution of information products
that advocate national, racial or religious discord
The production or storage with a purpose of distribution, and the distribution
of, printed, visual, audio or other products that advocate national, racial or reli-
gious discord incurs a fine from 1000 to 10 000 Litas either with confiscation
of such products being produced, stored or distributed and of the means essen-
tially used for production of such products, or without confiscation of the means
of production.
Article 214.13 – Establishment of an organisation that advocates national,
racial or religious discord or participation in activities of such an organisation
Establishment of an organisation that advocates national, racial or religious
discord, or participation in activities of such an organisation, incurs a fine from
3 000 to 10 000 Litas.
Blasphemy, insult and hatred
190
The same conduct performed by a person who had previously been punished
by an administrative fine for the offences foreseen in Part 1 of this article incurs
a fine from 10 000 to 20 000 Litas.
Luxembourg
Criminal Code
Article 144
Anyone who insults an object of religion by means of actions, words, gestures
or threats, either in a place of worship or a place ordinarily used for worship
or during the public ceremonies of the religion in question, shall be subject to a
prison sentence of 15 days to six months and a 26- to 500-franc fine.
Article 145
The same penalties shall apply to anyone who, by means of actions, words, ges-
tures or threats, insults a minister of religion in the exercise of his or her ministry.
Assaulting a minister of religion shall carry a prison sentence of two months to
two years and a 50- to 500-franc fine.
Article 454 (Act of 28 November 2006)
Any distinction between individuals on account of their origin, skin colour,
gender, sexual orientation, civil status, age, state of health, disability, morals,
political or philosophical opinions or trade union activities, or their actual or sup-
posed membership or non-membership of a particular ethnic group, nation, race
or religion, shall constitute discrimination.
Any distinction between legal entities or groups or communities of people on
account of their origin, skin colour, gender, sexual orientation, civil status, age,
state of health, disability, morals, political or philosophical opinions or trade
union activities of some or all of their members, or their actual or supposed mem-
bership or non-membership of a particular ethnic group, nation, race or religion,
shall also constitute discrimination.
Article 455 (Act of 19 July 1997)
The forms of discrimination covered in Article 454 and committed against an
individual, a legal entity or a group or community of people shall carry a prison
sentence of eight days to two years and a 251- to 25 000-euro fine, or one of
these penalties only, where they consist in:
1. (Act of 21 December 2007) refusing to supply or allow the use of, and/or
access to, a good;
2. (Act of 21 December 2007) refusing to supply and/or allow access to a
service;
Appendices
191
3. (Act of 21 December 2007) making the supply of, and/or access to, a good
or service conditional upon one of the aspects covered in Article 454, or practis-
ing any other form of discrimination in relation to the supply of a good or serv-
ice, on account of one of the aspects covered in Article 454;
4. stating in an advertisement one’s intention to refuse to supply a good or serv-
ice, or to practise discrimination in supplying a good or service, on account of
one of the aspects covered in Article 454;
5. hindering the normal exercise of any kind of economic activity;
6. refusing to recruit a person, taking disciplinary action or dismissing a person;
7. (Act of 28 November 2006) making access to employment, any kind of
vocational training, working conditions or membership of or involvement in a
workers’ or employers’ organisation subject to one of the aspects covered in
Article 454 of the Criminal Code.
Article 456 (Act of 19 July 1997)
The forms of discrimination covered in Article 454 and committed against an
individual, a legal entity or a group or community of people by a depository of
public authority or a person asked to perform a public service, in the course of
his or her duties or responsibilities or in connection with them, shall carry a one-
to three-month prison sentence and a 251- to 37 500-euro fine, or one of these
penalties only, where they consist in:
1. denying enjoyment of a statutory right;
2. hindering the normal exercise of any kind of economic activity.
Article 457 (Act of 19 July 1997)
The provisions of Articles 455 and 456 shall not be applicable to:
1. differential treatment on account of a person’s state of health, where it per-
tains to measures to prevent, or insurance cover for, the risks of mortality, bodily
injury, incapacity for work or invalidity;
2. differential treatment on account of a person’s state of health or disability,
where it consists in refusing to recruit the person concerned or dismissing him or
her on the ground of his or her medically certified unfitness;
3. differential treatment on the ground of nationality in the context of recruit-
ment, where civil service laws or regulations, regulations on the exercise of
certain occupations or labour law provisions stipulate that possession of a par-
ticular nationality is a prerequisite for holding a given job or exercising a given
occupation;
4. differential treatment on the ground of nationality in the context of entry into
the country, residence or voting rights, where the laws or regulations pertaining
Blasphemy, insult and hatred
192
thereto stipulate that possession of a particular nationality is a prerequisite for
entry into the country, residence or voting rights;
5. [repealed] (Act of 28 November 2006).
Article 457-1 (Act of 19 July 1997)
A prison sentence of eight days to two years and a 251- to 25 000-euro fine, or
one of these penalties only, shall be imposed on:
1. anyone who, through utterances, slogans or threats in public places or meet-
ings, by way of written or printed material, drawings, engravings, paintings,
emblems, images or any other medium of the written or spoken word or image
sold or distributed, presented for sale or displayed in public places or meetings,
either by means of placards or posters exposed to public view, or by any means
of audiovisual communication, incites the acts provided for in Article 455 or
hatred or violence towards an individual, a legal entity, a group or a community
on account of one of the aspects covered in Article 454;
2. anyone belonging to an organisation whose aims or activities involve the
commission of one of the acts covered in paragraph 1 of this article;
3. anyone who prints or has printed, manufactures or has manufactured, holds,
transports or has transported, imports or has imported, exports or has exported,
distributes in Luxembourg, sends from Luxembourg, deposits with the post office
or another professional responsible for postal distribution in Luxembourg, or has
transit through Luxembourg, written or printed material, drawings, engravings,
paintings, posters, photographs, motion pictures, emblems, images or any other
medium of the written or spoken word or image, of a kind to incite the acts cov-
ered in Article 455, hatred or violence towards an individual, a legal entity, a
group or a community, on account of one of the aspects covered in Article 454.
In any event, the aforementioned objects shall be confiscated.
Article 457-2 (Act of 19 July 1997)
Where the offences established in Article 453 are committed on account of
deceased persons’ actual or supposed membership or non-membership of a par-
ticular ethnic group, nation, race or religion, they shall carry a prison sentence
of six months to three years and a 251- to 37 500-euro fine, or one of these
penalties only.
Article 457-3 (Act of 19 July 1997)
Anyone who, through utterances, slogans or threats in public places or meet-
ings, by way of written or printed material, drawings, engravings, paintings,
emblems, images or any other medium of the written or spoken word or image
sold or distributed, presented for sale or displayed in public places or meet-
ings, either by means of placards or posters exposed to public view, or by any
Appendices
193
means of audiovisual communication, disputes, minimises, justifies or denies the
existence of one or more crimes against humanity or war crimes as defined in
Article 6 of the Charter of the International Military Tribunal appended to the
London Agreement of 8 August 1945 and committed either by members of an
organisation declared to be criminal under Article 9 of the said Charter or by
a person found guilty of such crimes by a Luxembourg, foreign or international
court shall be subject to a prison sentence of eight days to six months and a
251- to 25 000-euro fine, or one of these penalties only.
Anyone who, by one of the means listed in the preceding paragraph, disputes,
minimises, justifies or denies the existence of one or more genocides as defined
in the Punishment of Genocide Act of 8 August 1985 and recognised by a
Luxembourg or international court or authority shall be subject to the same pen-
alties, or one of those penalties only.
Article 457-4 (Act of 19 July 1997)
In the cases provided for in Articles 455, 456, 457-1, 457-2 and 457-3, offend-
ers may also be deprived of the exercise of their rights, in accordance with
Article 24.
Malta
Constitution
Section 2 – State religion
1) The religion of Malta is the Roman Catholic Apostolic Religion. 2) The authori-
ties of the Roman Catholic Apostolic Church have the duty and the right to teach
which principles are right and which are wrong. 3) Religious teaching of the
Roman Catholic Apostolic Faith shall be provided in all State schools as part of
compulsory education.
Criminal Code
Paragraph 82A.1
Whosoever uses any threatening, abusive or insulting words or behaviour, or
displays any written or printed material which is threatening, abusive or insult-
ing, or otherwise conducts himself in such a manner, with intent thereby to stir up
racial hatred or whereby racial hatred is likely, having regard to all the circum-
stances, to be stirred up shall, on conviction, be liable to imprisonment for a term
from six to eighteen months. Racial hatred is defined in (2) as hatred against
a group of persons in Malta defined by reference to colour, race, nationality
(including citizenship) or ethnic or national origins.
Blasphemy, insult and hatred
194
Press Act 1974, Article 6
Whosoever by means of the publication or distribution in Malta of printed mat-
ter, or by means of any broadcast shall threaten, insult, or expose to hatred, per-
secution or contempt, a person or group of persons because of their race, creed,
colour, nationality, sex, disability or national or ethnic origin shall be liable on
conviction to imprisonment for a term not exceeding three months and to a fine.
Moldova
Constitution (1994)
Article 31 – Freedom of conscience
1. The freedom of conscience is guaranteed, and its manifestations should be in
spirit of tolerance and mutual respect.
2. The freedom of religious worship is guaranteed and religious bodies are free
to organise themselves according to their own statutes under the rule of law.
3. In their mutual relationships religious cults are forbidden to use, express or
incite to hatred or enmity.
4. Religious cults are autonomous vis-à-vis the State and shall enjoy the latter’s
support, including that aimed at providing religious assistance in the army, in
hospitals, prisons, homes for the elderly and orphanages.
Article 32 – Freedom of opinion and expression
1. All citizens are guaranteed the freedom of opinion as well as the freedom of
publicly expressing their thoughts and opinions by way of word, image or any
other means possible.
2. The freedom of expression may not harm the honour, dignity or rights of other
people to have and express their own opinions or judgments.
3. The law shall forbid and prosecute all actions aimed at denying and slan-
dering the State or the people. Likewise shall be forbidden and prosecuted
the instigations to sedition, war, aggression, ethnic, racial or religious hatred,
the incitement to discrimination, territorial separatism, public violence or other
actions threatening constitutional order.
Criminal Code
Article 346 – Actions deliberately aiming to foment national, racial
or religious discord or hatred
Deliberate actions or public statements spread by means of the mass media,
whether printed or electronic, with the aim of fomenting national, racial or reli-
gious discord or hatred, attacking national honour and dignity, restricting directly
or indirectly the rights of citizens or giving preference, directly or indirectly, to
Appendices
195
certain citizens on the basis of their national, racial or religious affiliation, are to
be punished by a fine of 250 days’ pay and/or up to three years’ imprisonment.
Press Law, Article 4 – Freedom of expression and the limitation of publicity
1. Periodicals and press agencies can publish, according to their own discre-
tion, any kind of materials and information, except: a) materials that contain
disrespect and defamation against the state and people, urging a war of aggres-
sion, national, racial or religious hatred, inciting discrimination, territorial sepa-
ratism or public violence, as well as other manifestations that violate the present
constitutional regime.
Monaco
Criminal Code
Article 238
Anyone who insults a religious object by means of words or actions, either in a
place of worship or a place used for worship at the time or during a religious
ceremony performed elsewhere, or insults a minister of religion in the course of
his or her duties, shall be subject to a 2 400- to 75 000-franc fine and a prison
sentence of 15 days to six months.
Freedom of Public Expression Act No. 1.299 of 15 July 2005
(Official Gazette, 2005-07-22, No. 7713, pp. 1426-1436)
Section 16
A five-year prison sentence and the fine stipulated in Article 26.4 of the Criminal
Code, or one of these penalties only, shall be imposed on anyone who, by one
of the means listed in the preceding section, directly incites one of the following
offences, where that incitement is not acted upon:
1. intentional homicide, intentional assault causing bodily injury or sexual
assault;
2. theft, extortion or intentional destruction or damage putting people at risk;
3. acts of terrorism or attempts to justify such acts.
The same penalties shall apply to anyone who, by one of the means listed in
Section 15, incites hatred or violence towards a person or group of people on
account of their origin, their membership or non-membership of a particular eth-
nic group, nation, race or religion or their actual or supposed sexual orientation.
In the event of a conviction for one of the offences covered in the preceding
paragraph, it may additionally be ordered that the decision handed down be
displayed or disseminated at the offender’s expense, whether in full, in part or
Blasphemy, insult and hatred
196
in the form of a press release. The victim’s identity may be included only with
the agreement of the latter or of his or her legal representative or beneficiaries.
Section 24
Defamation committed, by the same means, against an individual shall carry a
prison sentence of one month to one year and the fine stipulated in Article 26.3
of the Criminal Code, or one of these penalties only.
Defamation committed, by the same means, against a person or a group of peo-
ple on account of their actual or supposed membership or non-membership of
a particular ethnic group, nation, race or religion, or their actual or supposed
sexual orientation, shall carry a prison sentence of one month to one year and
the fine stipulated in Article 26.3 of the Criminal Code, or one of these penal-
ties only.
In the event of a conviction for one of the offences covered in the present section,
it may additionally be ordered, in accordance with the conditions laid down
in Section 16, that the decision handed down be displayed or disseminated,
whether in full, in part or in the form of a press release.
Section 25
Insults delivered, by the same means, against the bodies or persons designated
in sections 22 and 23 of the present Act shall carry a prison sentence of six days
to six months and the fine stipulated in Article 26.3 of the Criminal Code, or one
of these penalties only.
Unprovoked insults delivered in the same way against individuals shall carry a
prison sentence of six days to two months and the fine stipulated in Article 26.2
of the Criminal Code, or one of these penalties only.
Insults delivered, by the same means, against a person or group of people on
account of their origin, their actual or supposed membership or non-membership
of a particular ethnic group, nation, race or religion, or their actual or supposed
sexual orientation, shall carry a prison sentence of six days to six months and
the fine stipulated in Article 26.3 of the Criminal Code, or one of these penal-
ties only.
In the event of a conviction for one of the offences covered in the present section,
it may additionally be ordered, in accordance with the conditions laid down
in Section 16, that the decision handed down be displayed or disseminated,
whether in full, in part or in the form of a press release.
Section 43
Defamation or insults against a public officer, a depositary or agent of public
authority, a citizen asked to perform a public service or hold public office on a
temporary or permanent basis, a minister of one of the state-funded religions,
Appendices
197
or a witness on account of his or her testimony, shall be prosecuted only upon a
complaint lodged by the person concerned or, as appropriate, by the Minister
of State, the Archbishop, the Director of the Judiciary or the Mayor.
Section 44
Defamation or insults against an individual shall be prosecuted only upon a com-
plaint lodged by the person defamed or insulted.
However, the prosecuting authorities may automatically bring a prosecution
where a person or a group of people are defamed or insulted on account of
their origin, their membership or non-membership of a particular ethnic group,
nation, race or religion, or their actual or supposed sexual orientation.
Montenegro
Constitution
Article 43
Any incitement or encouragement of national, racial, religious and other ine-
quality, and incitement and fomenting of national, racial, religious and other
hatred or intolerance, shall be unconstitutional and punishable.
Criminal Code
Article 161 – Infringement of freedom of confession of religion
and performance of religious rites
1. Anyone who prevents or restricts freedom of confession or performance of
religion shall be sentenced to a fine or imprisonment not exceeding two years.
2. Anyone who prevents or disturbs the performance of religious rites shall also
be sentenced to the punishment referred to in paragraph 1 of this Article.
3. Anyone who coerces others to declare their religious beliefs shall be sen-
tenced to a fine or imprisonment not exceeding one year.
4. A person acting in an official capacity who commits an act referred to in
paragraphs 1 to 3 of this Article shall be sentenced to imprisonment not exceed-
ing three years.
Article 370 – Causing national, race and religious hatred, divisions
and intolerance
Anyone who causes and spreads national, religious or race hatred, divisions
or intolerance among people, national minorities or ethnic groups living in
Montenegro, shall be punished by imprisonment for a term of six months to
five years.
Blasphemy, insult and hatred
198
If an act under paragraph 1 of this article is done by coercion, maltreatment,
endangering of safety, exposure to mockery of national, ethic or religious sym-
bols, by damaging another person’s goods, or by desecration of monuments,
memorial-tablets or tombs, the offender shall be punished by imprisonment for a
term of one to eight years.
Anyone who commits an act referred to in paragraphs 1 and 2 of this article
by abusing his/her position or authority, or if – as a result of these acts – riot or
violence occurs, or other severe consequences for the communal life of people,
national minorities or ethnic groups living in Montenegro, shall be punished for
an act under paragraph 1 of this article by imprisonment of one to eight years,
and for an act under paragraph 2 by imprisonment of two to ten years.
The Netherlands
Criminal Code
Article 137
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