The German Penal Code forbids publicly denying the Holocaust and spreading Nazi propaganda (Credit: Pixabay)
After the controversy involving podcaster Bruno Aiub, known as Monark, the Attorney General of the Republic, Augusto Aras, ordered the opening of an investigation into an alleged crime of apology for Nazism. The inquiry will also investigate federal deputy Kim Kataguiri (DEM-SP).
The measure is based on representations received by the PGR about the episode of the Flow podcast in which Monark defends the legality of a Nazi party in Brazil. Kataguiri will also be investigated for arguing that Germany was wrong to criminalize Nazism.
In a note, Kataguiri criticized Attorney General Augusto Aras, arguing that he “turns a blind eye to crimes that really happened”. Monark apologized and said he was drunk when he defended the existence of a Nazi party during the podcast.
What does German law say?
The German Penal Code forbids publicly denying the Holocaust and spreading Nazi propaganda. This includes sharing images such as swastikas, wearing an SS uniform and making statements supporting National Socialist ideology. The country’s legislation also sets strict rules on how social media companies must moderate and report hate speech and threats.
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A clause added in 2005 to the so-called “paragraph on incitement to hatred”, number 130 of the Penal Code, as a response by the Legislature to the increase in far-right demonstrations, provides for a penalty of up to three years in prison or a fine for those who “approve”. , glorify or justify” the Nazi regime.
The rule was upheld in 2009 by a ruling by the Federal Constitutional Court that retroactively ruled that the 2005 ban on a march in memory of Rudolf Hess, the second man in the hierarchy of Adolf Hitler’s regime, was constitutional.
The court confirmed at the time that the rule does not violate the principle of freedom of expression, as it specifically applies to the punishment of expressions of approval of Nazism, something that in Germany, according to the court, constitutes an attack “with the potential to threaten the peace”.
Laws rooted in the German experience
In 1994, the law had been expanded to explicitly ban Holocaust denial after a federal court overturned the sentence of a far-right German politician who had organized a lecture describing the murder of Jews in gas chambers in Auschwitz. The crime is punishable by up to five years in prison.
Germany’s laws on incitement to hatred and denial of the Holocaust are strongly rooted in its history and national identity, the fruit of memories linked to the atrocities of the Adolf Hitler regime and in stark contrast to those of countries such as the United States, where the Constitution limits the government’s role in restricting freedom of expression.
Other stretches of German law prohibit the distribution of online and offline propaganda and the public display or distribution of “flags, insignia, uniforms, slogans and salute forms” belonging to political parties and organizations deemed unconstitutional by the Federal Constitutional Court, such as Nazis and neo-Nazis. .
Hatred in the networks
The latest addition to Germany’s federal hate speech laws provides for hefty fines against internet platforms that fail to report and immediately remove hate speech, terrorist threats and child exploitation. In Germany, major social networks like Facebook and YouTube are required to delete hateful comments.
As of the beginning of this month, the legal situation has become even stricter: social networks with more than 2 million users not only have to delete criminal content, but are also required to report the content and IP addresses to the Federal Department of Criminal Investigations (BKA). To this end, the agency opened its new center dedicated to reporting crimes on the internet, employing 200 police officers dedicated to combating hate crimes.
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