Freedom of Speech and Freedom of The Press in Denmark - Hate Speech and Racism

Hate Speech and Racism

The rules against hate speech and racism are set down in § 266b of the Danish penal code:

Whoever publicly, or with intention to disseminating in a larger circle makes statements or other pronouncement, by which a group of persons is threatened, derided or degraded because of their race, colour of skin, national or ethnic background, faith or sexual orientation, will be punished by fine or imprisonment for up to 2 years.

Sec. 2. When meting out the punishment it shall be considered an especially aggravating circumstance, if the count has the character of propaganda.

Free speech advocate Lars Hedegaard was prosecuted under this statute for remarks made to a blogger in December 2009 criticizing Islam. He was first acquitted in the District Court in January 2011, then convicted upon appeal to High Court in May 2011, and finally acquitted by the Danish Supreme Court in April 2012 which ruled that it could not be proved that he intended for the statements to be published. Danish politician Jesper Langballe plead guilty and was convicted of hate speech for comments he made about rape and honour killings in Muslim families in a newspaper article in connection with Hedegaard's case.