Негізгі қылмыстық кодекс бойынша жекқұмарлық қоздыру (Volksverhetzung)

German crime

Volksverhetzung, in English "incitement to hatred" (used also in the official English translation of the German Criminal Code), "incitement of popular hatred", "incitement of the masses", or "instigation of the people", is a concept in German criminal law that refers to incitement to hatred against segments of the population and refers to calls for violent or arbitrary measures against them, including assaults against the human dignity of others by insulting, maliciously maligning, or defaming segments of the population. It is often applied to, though not limited to, trials relating to Holocaust denial in Germany. The criminal code (Strafgesetzbuch) Chapter 7 (Offences against public order), Paragraph 130 (Incitement to hatred) of the Federal Republic of Germany defines when a person is guilty of Volksverhetzung. At present these changes are not reflected in the English translation of § 130 as updated in the original current German § 130.

Although freedom of speech is mentioned by Article 5 of the Basic Law (Germany's constitution), said article basically protects any non outlawed speech. Restrictions exist, e. g. against personal insults, use of symbols of unconstitutional organizations, or Volksverhetzung. For any hate speech to be punishable as Volksverhetzung, the law requires that said speech be "qualified for disturbing public peace" either by inciting "hatred against parts of the populace" or calling for "acts of violence or despotism against them", or by attacking "the human dignity of others by reviling, maliciously making contemptible or slandering parts of the populace". "Germany places strict limits on speech and expression when it comes to right wing extremism" or anything reminiscent of Nazism. Hate speech on the basis of sexual orientation and gender identity also is banned in Germany.

Offences contrary to § 130 of the Criminal Code committed abroad, whether by German nationals or foreigners, can be pursued as a domestic crime when they so act as if they had been committed within the country, affecting the public peace in Germany and violating the human dignity of German citizens. It is sufficient, for example, that criminal content on the Internet, for example in the form of a HTML page, can be accessed from Germany. Hence, for example, the jurisdiction of German courts can be applied for offences of sedition (Volksverhetzungsdelikte) committed abroad. Such an example was the conviction of the Holocaust denier Ernst Zündel by the District Court of Mannheim in February 2007, who was convicted of inciting propaganda he had published from the US and Canada on the Internet.

Historically, the Karlsbader Beschlüsse of the German Confederation under Austria and led by Metternich included democratic ideals as well as agitation for one, unified German state as Volksverhetzung.