Denmark / National Court /
Country
Denmark
Year
2021
Decision/ruling/judgment date
Friday, September 02, 2022
Incident(s) concerned/related
Other forms of hate speech
Related Bias motivation
Religion
Groups affected
Muslims
Court/Body type
National Court
Court/Body
Østre Landsret (The Eastern National Court)
Key facts of the case
The case concerned whether the accused by a range of circumstances had violated § 266 b of the Danish Criminal Code (commonly known as "the racism paragraph"). The accused were found guilty in violating § 266 b in six of the circumstances. The circumstances was related to a range of statements regarding people from Greenland, Muslims and people living in the so-called "ghettos". The statements were delivered both online and during demonstrations. The case was distinct in the sense that the accused was the leader of the political party "Stram Kurs".
Main reasoning/argumentation
The Court found that the accused had violated the racism paragraph by the severity of the statements and that he had done so intentionally. The Court also found that the accused did not have extended access to freedom of speech in his capacity as leader of a political party.
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 case provided some clarification on the consideration between freedom of speech and the prohibition on racist statements.It also provided clearence on the legal status of political leaders.
Results (sanctions, outcome) and key consequences or implications of the case
The accused was found guilty of violating the racism paragrpah in six instances. He was sentenced 3 months prison. The sentence was reduced from the original city court's ruling by suspending the jail sentence. The cases are closed.
Key quotation in original language and its unofficial translation into English with reference details
DK: "[…] og landsretten bemærkede i den forbindelse, at det er muligt at forholde sig kritisk til personer, som har en anden tro eller etnisk oprindelse, uden groft at forhåne eller nedværdige dem […]". EN: "[…] and in this regard the Court noted that the would have been possible to be critical of groups with another faith or ethnicity without grossly mocking or degrading said group [...]"
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