Denmark / Western High Court / Decision no. U.2014.73V

Country

Denmark

Title

Denmark / Western High Court / Decision no. U.2014.73V

View full Case

Year

2013

Decision/ruling/judgment date

Monday, September 16, 2013

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Western High Court

Key facts of the case

The Higher Court convicted a woman of incitement to hatred (hate speech) for a statement on the website 180grader.dk. In her statement, she wrote that Muslim men rape and kill their daughters based on a defect culture and religion.
The lower court had previously acquitted the woman, finding the statements were not her own and that she had merely restated a previous statement by another critic of Islam. The Higher Court however found that she was guilty.

Main reasoning/argumentation

The Higher court reasoned that the expression was an allegation of criminal behaviour targeting all Muslim men in general.
Furthermore, the higher court found that the statements were the woman's own words as they were written on her own blog.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The question of whether repeating the statements of others makes you responsible or not. In this case the court found that the statements were published online and therefore the person behind the blog could be held responsible.

Results (sanctions, outcome) and key consequences or implications of the case

5 daily penalties of 1.000 DKK

Key quotation in original language and its unofficial translation into English with reference details

"De påtalte udsagn fremstår som led i et debatindlæg. Bemærkningerne om voldtægt, mishandling og drab indeholder imidlertid set i sammenhæng med bemærkningerne om baggrunden, det budskab, at muslimske mænd generelt begår grov kriminalitet.
...Ved udformningen af indlægget har tiltalte ikke blot refereret en tidligere udtalelse, men gjort bemærkningerne om voldtægt, mishandling og drab til sine egne."

"The accused statements appear as part of an input to the debate. The statements regarding rape, mistreatment and homicide, however, must be read in context with the remark, that Muslim men in general commit serious crimes... In the phrasing of the input to the debate the accused has not just referred to a previous statement, but he has also made the remarks regarding rape, mistreatment and killing his own."

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